josephat ludago vs evaristo mwipopo administrator of the estate of the late sadiki kihagala 2023 tzhc 19701 31 july 2023
The 16-day delay was not inordinate and was presumably spent processing the application; the applicant acted diligently and the delay was technical, thus extension of time is justified.
Source-derived case information.
- Citation
- josephat ludago vs evaristo mwipopo administrator of the estate of the late sadiki kihagala 2023 tzhc 19701 31 july 2023
- Parties
- Applicant: Josephat Ludago; Respondent: Evaristo Mwipopo (Administrator of the estate of the late Sadiki Kihalaga)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 July 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Appeal Procedure, Technical Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Ludago
Applicant
Evaristo Mwipopo (Administrator of the estate of the late Sadiki Kihalaga)
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
Ratio Decidendi
The 16-day delay was not inordinate and was presumably spent processing the application; the applicant acted diligently and the delay was technical, thus extension of time is justified.
Court Disposition
Application allowed
Orders
- Applicant granted extension of time to file intended appeal within 21 days from the date of this order
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IRINGA SUB REGISTRY) AT IRINGA MISC LAND APPLICATION NO, 30 OF 2022 (Arising from Land Appeal No. 09/2022 in the High Court of Tanzania atIringa before Hon. J.H.K. Utamwa,J. Original Land Application No. 96 of 2018 of the District Land and Housing Tribunal at Iringa before Hon.. AJ. Majengo,. Chairperson) JOSEPHAT LUDAGO ..................... .......................... APPLICANT VERSUS EVARISTO MWIPOPO (Administrator Of the] estate of the late Sadiki Kihalaga) .L................... RESPONDENT RULING 2/h July & 31st July 2023 I.C. MUGETA, J; On 21/9/2022, the applicant's appeal in Land Appeal No. 9/2022 was struck out for incompetence. On 6/10/2022, sixteen days later, this application was filed seeking orders extending time to file an appeal out of time. The respondent has argued that the delay to file this application is unexplained. Counsel for the applicant has argued that she was supplied with the ruling striking out the appeal on 4/10/2022 and on 6/10/2022 this application was filed. However, these facts are not in the affidavit Page 1 of 2 supporting the application. They are extraneous matters spoken from the bar. This notwithstanding, I find that 16 days which is the time within which this application was filed was, presumably, spent processing the application. Such days cannot amount to inorderate delay. The applicant acted diligently. Since the appeal which was struck out had been filed in time, I find merits in the argument that the delay was technical. In the event, the application has merits. I allow it without orders as t to costs. The intended appeal to be filed within 21 days from the date of this order / I.C. MUGETA ♦ I Nil tl/ JUDGE 31/7/2023 Court: Ruling delivered in the presence of Prisca Mtanga, learned advocate for the applicant who is also present and the respondent in person. Sgd. I.C. MUGETA JUDGE 31/7/2023 Page 2 of 2