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
Case Brief
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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
Legal Issues
- 1 Whether sufficient cause exists to grant leave to file Notice of Appeal out of time
- 2 Whether delay was caused by improper registry filing and not negligence
- 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
Full Case Text
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