judith emmanuel lusohoka vs patory binyura mlekule others 2019 tzhc 265 30 april 2019

judith emmanuel lusohoka vs patory binyura mlekule others 2019 tzhc 265 30 april 2019

Applicant demonstrated good cause for delay due to reliance on advocates whose negligence and incompetence led to procedural errors; extension of time granted to avoid injustice.

Source-derived case information.

Citation
judith emmanuel lusohoka vs patory binyura mlekule others 2019 tzhc 265 30 april 2019
Parties
Applicant: Judith Emmanuel Lusohoka; Respondent: Pastory Binyura Mlekule; Respondent: CRDB Bank Public Liability Co.; Respondent: Comrade Auction Mart and Court Brokers
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2019
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Negligence of Advocates
Source Language
english
Land Law Civil Procedure Extension of Time Appeals Negligence of Advocates

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Parties

Judith Emmanuel Lusohoka

Applicant

Pastory Binyura Mlekule

Respondent

CRDB Bank Public Liability Co.

Respondent

Comrade Auction Mart and Court Brokers

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to appeal
  2. 2 Whether the application was properly brought under the relevant legal provisions

Ratio Decidendi

Applicant demonstrated good cause for delay due to reliance on advocates whose negligence and incompetence led to procedural errors; extension of time granted to avoid injustice.

Court Disposition

Application granted

Orders

  • Extension of time for forty days (40 days) within which applicant to lodge appeal