juto ally vs lukas komba another 2020 tzca 354 15 july 2020

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

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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

  1. 1 Whether the applicant demonstrated good cause for extension of time to serve notice of appeal and letter requesting certified copies
  2. 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