jonathan nkya vs isaya gibson matambo 2023 tzhc 21016 18 august 2023

jonathan nkya vs isaya gibson matambo 2023 tzhc 21016 18 august 2023

The applicant's delay was not inordinate and was caused by the court's failure to supply necessary documents in time; applicant accounted for the delay and acted diligently; sufficient cause was established for extension of time.

Citation
jonathan nkya vs isaya gibson matambo 2023 tzhc 21016 18 august 2023
Parties
Applicant: Jonathan Nkya; Respondent: Isaya Gibson Matambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Appellate Procedure

Case Brief

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Parties

Jonathan Nkya

Applicant

Isaya Gibson Matambo

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in filing application for leave to appeal
  2. 2 Whether the delay was inordinate or excusable

Ratio Decidendi

The applicant's delay was not inordinate and was caused by the court's failure to supply necessary documents in time; applicant accounted for the delay and acted diligently; sufficient cause was established for extension of time.

Court Disposition

Application granted

Orders

  • Extension of time to file application for leave to appeal granted; applicant to file intended application within 30 days from date of ruling; costs to follow the main event