joash joshua bushambali vs ali nassoro ngongolo and another 2021 tzhclandd 198 20 may 2021
Illegality in the proceedings of the trial tribunal constitutes sufficient ground for extension of time to appeal, even though sickness was not adequately substantiated for the entire period of delay.
- Citation
- joash joshua bushambali vs ali nassoro ngongolo and another 2021 tzhclandd 198 20 may 2021
- Parties
- Applicant: Joash Joshua Busham Bali; 1st Respondent: Ali Nassoro Ngongolo; 2nd Respondent: Mohamed Nassoro Ngongolo
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Illegality as Ground for Extension, Sickness as Ground for Extension
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joash Joshua Busham Bali
Applicant
Ali Nassoro Ngongolo
1st Respondent
Mohamed Nassoro Ngongolo
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to appeal
- 2 Whether sickness and/or illegality constitute sufficient grounds for extension of time
Ratio Decidendi
Illegality in the proceedings of the trial tribunal constitutes sufficient ground for extension of time to appeal, even though sickness was not adequately substantiated for the entire period of delay.
Court Disposition
Application granted
Orders
- Time to appeal against the decision of the trial tribunal is extended for a period of 30 days from the date of the ruling.
- Right to appeal explained.
Full Case Text
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