jerry frank moshi vs michael meela 2012 tzhc 118 4 august 2012

The applicant was prevented from filing the appeal on time due to the disservice of his counsel, which constituted sufficient cause for extension of time to avoid injustice.

Citation: jerry frank moshi vs michael meela 2012 tzhc 118 4 august 2012
Parties: Applicant: Jerry Frank Moshi; Respondent: Michael Meela
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 August 2012
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Locus Standi, Appeal Procedure
Source Language: English

Land Law Civil Procedure Extension of Time Locus Standi Appeal Procedure

Case Brief

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Parties

Jerry Frank Moshi

Applicant

Michael Meela

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant should be granted extension of time to file an appeal out of time
2 Whether the applicant's failure to file appeal on time was due to counsel's inaction

Ratio Decidendi

The applicant was prevented from filing the appeal on time due to the disservice of his counsel, which constituted sufficient cause for extension of time to avoid injustice.

Court Disposition

Application granted

Orders

Applicant to file his appeal within 30 days from the date of delivery of this ruling