indo african estate ltd vs district commissioner for lindi district others 2022 tzca 135 24 march 2022

indo african estate ltd vs district commissioner for lindi district others 2022 tzca 135 24 march 2022

The applicant demonstrated good cause for the delay, as it was occasioned by the Registrar's mistakes in supplying necessary documents and not by the applicant's lack of diligence. Penalizing the applicant for the court's error would be unjust.

Source-derived case information.

Citation
indo african estate ltd vs district commissioner for lindi district others 2022 tzca 135 24 march 2022
Parties
Applicant: Indo-African Estate Ltd.; Respondent: District Commissioner for Lindi District; Respondent: Regional Commissioner for Lindi Region; Respondent: The Minister for Lands and Human Settlement Development; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 March 2022
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Delay Caused by Court, Compensation for Land Acquisition
Source Language
english
Civil Procedure Land Law Extension of Time Appeals Delay Caused by Court Compensation for Land Acquisition

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Parties

Indo-African Estate Ltd.

Applicant

District Commissioner for Lindi District

Respondent

Regional Commissioner for Lindi Region

Respondent

The Minister for Lands and Human Settlement Development

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Appeal

  1. 1 Whether the applicant has shown good cause for extension of time to file an appeal
  2. 2 Whether delay caused by the Registrar's omission constitutes good cause

Ratio Decidendi

The applicant demonstrated good cause for the delay, as it was occasioned by the Registrar's mistakes in supplying necessary documents and not by the applicant's lack of diligence. Penalizing the applicant for the court's error would be unjust.

Court Disposition

application granted

Orders

  • Applicant to lodge the intended appeal within sixty (60) days from the date of delivery of this ruling.
  • Costs to be in the cause.