KANDIDA MICHAEL SCANNED

KANDIDA MICHAEL SCANNED

The applicant accounted for the delay by proving timely request for the judgment copy and providing evidence of counsel's engagement in another court session. The law allows exclusion of time spent obtaining the judgment, and the remaining short delay was sufficiently explained. Sufficient cause was established for extension of time.

Citation
KANDIDA MICHAEL SCANNED
Parties
Applicant: Kandida Michael Masenge; Respondent: Polycalpy Jo Vin Masenge
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
24 April 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals, Exclusion of Time for Obtaining Judgment Copies
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Appeals Exclusion of Time for Obtaining Judgment Copies

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Parties

Kandida Michael Masenge

Applicant

Polycalpy Jo Vin Masenge

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal against the DLHT decision
  2. 2 Whether the period spent obtaining a copy of the judgment should be excluded from the limitation period

Ratio Decidendi

The applicant accounted for the delay by proving timely request for the judgment copy and providing evidence of counsel's engagement in another court session. The law allows exclusion of time spent obtaining the judgment, and the remaining short delay was sufficiently explained. Sufficient cause was established for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file intended appeal within 14 days from the date of the ruling
  • Costs shall follow the events