idd sultan mulunga vs charles b nyato another 2021 tzhclandd 23 19 january 2021

idd sultan mulunga vs charles b nyato another 2021 tzhclandd 23 19 january 2021

The applicant demonstrated sufficient efforts to obtain the judgment and decree, and the peculiar circumstances justified granting the extension of time. The benefit of doubt was given to the applicant regarding the actual date of receipt of documents, and the delay was adequately accounted for.

Citation
idd sultan mulunga vs charles b nyato another 2021 tzhclandd 23 19 january 2021
Parties
Applicant: Idd Sultan Mulunga; Respondent: Charles B. Nyato; Respondent: Sabina Alexander Sanga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 January 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Delay in Obtaining Judgment and Decree, Procedural Fairness
Source Language
English

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Parties

Idd Sultan Mulunga

Applicant

Charles B. Nyato

Respondent

Sabina Alexander Sanga

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether the delay in obtaining judgment and decree was justified

Ratio Decidendi

The applicant demonstrated sufficient efforts to obtain the judgment and decree, and the peculiar circumstances justified granting the extension of time. The benefit of doubt was given to the applicant regarding the actual date of receipt of documents, and the delay was adequately accounted for.

Court Disposition

Application granted

Orders

  • Applicant to file appeal within 30 days from the date of obtaining a drawn order from this ruling.
  • No order as to costs; each party to bear their own costs.