karoline reginald mariki another vs bunto juma bunto 2022 tzhc 43 17 january 2022

karoline reginald mariki another vs bunto juma bunto 2022 tzhc 43 17 january 2022

Applicants' delay was justified due to non-supply of decree, a necessary document for appeal, and efforts to obtain it were demonstrated; delay was not inordinate and applicants were not negligent; existence of alleged illegality in tribunal's decision further supports extension.

Citation
karoline reginald mariki another vs bunto juma bunto 2022 tzhc 43 17 january 2022
Parties
Applicant: Karoline Reginald Mariki; Applicant: Glaywashington Mariki; Respondent: Bunto Juma Bunto
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 January 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions Illegality as Ground for Extension

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Karoline Reginald Mariki

Applicant

Glaywashington Mariki

Applicant

Bunto Juma Bunto

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether applicants demonstrated sufficient reasons for extension of time to appeal
  2. 2 Whether delay was justified and not inordinate
  3. 3 Whether illegality of tribunal decision constitutes sufficient cause

Ratio Decidendi

Applicants' delay was justified due to non-supply of decree, a necessary document for appeal, and efforts to obtain it were demonstrated; delay was not inordinate and applicants were not negligent; existence of alleged illegality in tribunal's decision further supports extension.

Court Disposition

application granted

Orders

  • Applicants granted extension of time to appeal.
  • Applicants to file appeal within fourteen (14) days from date of ruling.