khadija lema vs enock mpamwa another 2019 tzhclandd 11 23 september 2019

khadija lema vs enock mpamwa another 2019 tzhclandd 11 23 september 2019

The applicant, being a layperson unaware of procedural requirements, is entitled to extension of time and certification for appeal as procedural rules should not defeat justice; the requirement to state a point of law is not necessary in this context.

Citation
khadija lema vs enock mpamwa another 2019 tzhclandd 11 23 september 2019
Parties
Applicant: Khadija Lema; 1st Respondent: Enock Mpamwa; 2nd Respondent: Alawi Shabani Kondo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 September 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Certification of Point of Law and Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Certification of Point of Law, Appeals, Restoration of Appeal
Source Language
English
Land Law Civil Procedure Extension of Time Certification of Point of Law Appeals Restoration of Appeal

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Parties

Khadija Lema

Applicant

Enock Mpamwa

1st Respondent

Alawi Shabani Kondo

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Certification of Point of Law and Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to certification of a point of law for appeal to the Court of Appeal
  2. 2 Whether extension of time to appeal should be granted

Ratio Decidendi

The applicant, being a layperson unaware of procedural requirements, is entitled to extension of time and certification for appeal as procedural rules should not defeat justice; the requirement to state a point of law is not necessary in this context.

Court Disposition

Application granted

Orders

  • Application for extension of time and certification for appeal granted
  • No order as to costs