justine f burure vs haji r mwikalo and another 2023 tzca 211 27 april 2023

justine f burure vs haji r mwikalo and another 2023 tzca 211 27 april 2023

The applicant established sufficient cause for extension of time based on the presence of alleged illegality in the impugned decision, warranting the grant of the application despite failure to account for part of the delay.

Citation
justine f burure vs haji r mwikalo and another 2023 tzca 211 27 april 2023
Parties
Applicant: Justine F. Burure; 1st Respondent: Haji R. Mwikalo; 2nd Respondent: Jack Pemba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 April 2023
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Outcome
application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Technical Delay
Source Language
English
Civil Procedure Extension of Time Illegality as Ground for Extension Technical Delay

Case Brief

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Parties

Justine F. Burure

Applicant

Haji R. Mwikalo

1st Respondent

Jack Pemba

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file appeal out of time
  2. 2 Whether alleged illegality in the High Court decision warrants extension of time

Ratio Decidendi

The applicant established sufficient cause for extension of time based on the presence of alleged illegality in the impugned decision, warranting the grant of the application despite failure to account for part of the delay.

Court Disposition

application granted

Orders

  • Applicant to file appeal against the decision of the High Court of Tanzania Dar es Salaam, Land Division, in Misc. Application (Revision) No. 6 of 2013 dated 30th January, 2015, out of time, within 30 days from the date of this ruling.
  • No order as to costs.