hussein nduguta kasongelo vs abel pea 2018 tzhclandd 110 8 may 2018

hussein nduguta kasongelo vs abel pea 2018 tzhclandd 110 8 may 2018

The court found that the existence of a pending notice of appeal in the Court of Appeal and the applicant's use of different names constituted sufficient cause to grant the extension of time, so the issue of sub judice could be properly considered.

Citation
hussein nduguta kasongelo vs abel pea 2018 tzhclandd 110 8 may 2018
Parties
Applicant: Hussein Nduguta Kasongelo; Respondent: Abel Pea
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 May 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application granted with costs
Legal Topics
Extension of Time, Sub Judice, Jurisdiction, Limitation of Actions
Source Language
English
Land Law Civil Procedure Extension of Time Sub Judice Jurisdiction Limitation of Actions

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Parties

Hussein Nduguta Kasongelo

Applicant

Abel Pea

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal out of time
  2. 2 Whether the matter is sub judice due to a pending notice of appeal in the Court of Appeal

Ratio Decidendi

The court found that the existence of a pending notice of appeal in the Court of Appeal and the applicant's use of different names constituted sufficient cause to grant the extension of time, so the issue of sub judice could be properly considered.

Court Disposition

Application granted with costs

Orders

  • Applicant to file appeal within 30 days from the date of the decision