CIVIL APPLICATION NO

CIVIL APPLICATION NO

The applicant failed to account for a twenty-four day delay and did not establish sufficient cause. The alleged illegality in the judgment does not meet the threshold for extension of time as it is a mere irregularity, not a jurisdictional or fundamental error. However, in the interest of justice, extension of time is granted for the applicant to file a notice of appeal within sixty working days.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Johnson Izengo; 1st Respondent: Chacha Magoti Nshoya (Administrator of the estate of the late Tabitha Mgabe Nshoya Nyamhanga Magoti); 2nd Respondent: Leonia Sengo; 3rd Respondent: Tanzania Building Agency; 4th Respondent: Registrar of Titles; 5th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Judgment Execution, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Judgment Execution Illegality as Ground for Extension

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Parties

Johnson Izengo

Applicant

Chacha Magoti Nshoya (Administrator of the estate of the late Tabitha Mgabe Nshoya Nyamhanga Magoti)

1st Respondent

Leonia Sengo

2nd Respondent

Tanzania Building Agency

3rd Respondent

Registrar of Titles

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to lodge a notice of appeal
  2. 2 Whether the alleged illegality in the judgment constitutes sufficient ground for extension

Ratio Decidendi

The applicant failed to account for a twenty-four day delay and did not establish sufficient cause. The alleged illegality in the judgment does not meet the threshold for extension of time as it is a mere irregularity, not a jurisdictional or fundamental error. However, in the interest of justice, extension of time is granted for the applicant to file a notice of appeal within sixty working days.

Court Disposition

Application granted

Orders

  • Applicant granted extension of sixty (60) working days from the date of ruling to file notice of appeal
  • Each party to bear their own costs