juma ramadhani njiku vs ibrahim shaban 2020 tzhclandd 2321 2 october 2020

juma ramadhani njiku vs ibrahim shaban 2020 tzhclandd 2321 2 october 2020

The applicant demonstrated sufficient cause for delay as he was bona fide prosecuting the previous appeal and promptly filed the current application after the previous appeal was struck out. The court is not functus officio because the previous application covered a different period of delay.

Source-derived case information.

Citation
juma ramadhani njiku vs ibrahim shaban 2020 tzhclandd 2321 2 october 2020
Parties
Applicant: Juma Ramadhani Njiku; Respondent: Ibrahim Shabani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 October 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
english
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions

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Parties

Juma Ramadhani Njiku

Applicant

Ibrahim Shabani

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal
  2. 2 Whether the court is functus officio after a previous extension application

Ratio Decidendi

The applicant demonstrated sufficient cause for delay as he was bona fide prosecuting the previous appeal and promptly filed the current application after the previous appeal was struck out. The court is not functus officio because the previous application covered a different period of delay.

Court Disposition

Application granted

Orders

  • Applicant to lodge a proper appeal at the District Land and Housing Tribunal within 20 days from the date of the ruling
  • No order as to costs