MWAIPOPO11111111111

MWAIPOPO11111111111

The applicant demonstrated sufficient cause for extension of time due to technical delay in obtaining complete records and rectification of a defective certificate of delay, and acted diligently and promptly in pursuing the appeal and remedying defects. The delay was not due to negligence or inaction, and the application met the criteria for extension of time as established in relevant case law.

Citation
MWAIPOPO11111111111
Parties
Applicant: Jumaa Mushihiri; 1st Respondent: Gabriel Andrew; 2nd Respondent: Aloyce Mamku; 3rd Respondent: David A. Noble; 4th Respondent: John Peter Majura
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 February 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Technical Delay, Diligence in Litigation
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Technical Delay Diligence in Litigation

Case Brief

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Parties

Jumaa Mushihiri

Applicant

Gabriel Andrew

1st Respondent

Aloyce Mamku

2nd Respondent

David A. Noble

3rd Respondent

John Peter Majura

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file Notice of Appeal out of time

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time due to technical delay in obtaining complete records and rectification of a defective certificate of delay, and acted diligently and promptly in pursuing the appeal and remedying defects. The delay was not due to negligence or inaction, and the application met the criteria for extension of time as established in relevant case law.

Court Disposition

Application allowed

Orders

  • Applicant granted extension of time to file Notice of Appeal within 30 days from date of ruling
  • No order as to costs