isack angundile vs sara kalesi mwalowe 2020 tzhc 2383 31 august 2020

isack angundile vs sara kalesi mwalowe 2020 tzhc 2383 31 august 2020

Applicant demonstrated sufficient cause for delay due to human error in registry filing, not negligence; points of law exist for determination; leave to file Notice of Appeal out of time granted.

Citation
isack angundile vs sara kalesi mwalowe 2020 tzhc 2383 31 august 2020
Parties
Applicant: Isack Angundile; Respondent: Sara Kalesi Mwalowe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Notice of Appeal, Registry Filing Errors
Source Language
English

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Parties

Isack Angundile

Applicant

Sara Kalesi Mwalowe

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to File Notice of Appeal Out of Time

  1. 1 Whether sufficient cause exists to grant leave to file Notice of Appeal out of time
  2. 2 Whether delay was caused by improper registry filing and not negligence
  3. 3 Whether there are points of law fit for determination by the Court of Appeal

Ratio Decidendi

Applicant demonstrated sufficient cause for delay due to human error in registry filing, not negligence; points of law exist for determination; leave to file Notice of Appeal out of time granted.

Court Disposition

Application granted

Orders

  • Applicant to file Notice of Appeal within 21 days from date of ruling
  • Applicant to file application for leave within same period