juto ally vs lukas komba another 2020 tzca 354 15 july 2020
Extension of time was granted because the alleged illegality regarding the High Court's jurisdiction is a point of law of sufficient importance, constituting sufficient reason for extension of time even though the applicant failed to fully account for the delay.
- Citation
- juto ally vs lukas komba another 2020 tzca 354 15 july 2020
- Parties
- Applicant: Juto Ally; 1st Respondent: Lukas Komba; 2nd Respondent: Aloyce Msafiri Musika
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 July 2020
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- application granted
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Jurisdiction, Illegality
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Juto Ally
Applicant
Lukas Komba
1st Respondent
Aloyce Msafiri Musika
2nd Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant demonstrated good cause for extension of time to serve notice of appeal and letter requesting certified copies
- 2 Whether alleged illegality in the High Court judgment constitutes sufficient reason for extension of time
Ratio Decidendi
Extension of time was granted because the alleged illegality regarding the High Court's jurisdiction is a point of law of sufficient importance, constituting sufficient reason for extension of time even though the applicant failed to fully account for the delay.
Court Disposition
application granted
Orders
- Applicant to serve respondents with copies of notice of appeal and letter within fourteen days from date of ruling
- No order as to costs
Full Case Text
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