john chuma vs pastoli lubatula others 2019 tzhc 2089 31 january 2019

john chuma vs pastoli lubatula others 2019 tzhc 2089 31 january 2019

Applicant acted diligently in seeking legal representation and obtaining necessary documents; delay attributable to waiting for certified copies and assignment of advocate is sufficient cause for extension of time.

Citation
john chuma vs pastoli lubatula others 2019 tzhc 2089 31 january 2019
Parties
Applicant: John Chuma; 1st Respondent: Pastou Lubatula; 2nd Respondent: Fransisco Lutobela; 3rd Respondent: David Vicent; 4th Respondent: Cosmas Msekwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Limitation Period
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Limitation Period

Case Brief

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Parties

John Chuma

Applicant

Pastou Lubatula

1st Respondent

Fransisco Lutobela

2nd Respondent

David Vicent

3rd Respondent

Cosmas Msekwa

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to file an appeal out of time
  2. 2 Whether delay in obtaining certified copies and legal representation constitutes sufficient cause

Ratio Decidendi

Applicant acted diligently in seeking legal representation and obtaining necessary documents; delay attributable to waiting for certified copies and assignment of advocate is sufficient cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant given 14 days from date of order to file intended appeal
  • Costs to abide the results of the intended appeal