joash joshua bushambali vs ali nassoro ngongolo and another 2021 tzhclandd 198 20 may 2021

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

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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

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 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.