laurensia matemu vs cosmas tarimo and 3 others 2012 tzhclandd 19 17 september 2012

laurensia matemu vs cosmas tarimo and 3 others 2012 tzhclandd 19 17 september 2012

Extension of time granted due to unresolved legal issues in the original judgment and possibility of success in intended appeal, despite applicant's failure to show sufficient cause for delay based on sickness.

Citation
laurensia matemu vs cosmas tarimo and 3 others 2012 tzhclandd 19 17 september 2012
Parties
Applicant: Laurensia M Atemu; Respondent: Cosmos Tarimo; Respondent: Leticia P. Kivuyo; Respondent: Lilian Mushi; Respondent: Sophia H. Mrema (administratrix of the estate of the late Humphrey Mrema)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 September 2012
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal, Sufficient Cause, Illegality of Decision
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Sufficient Cause Illegality of Decision

Case Brief

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Parties

Laurensia M Atemu

Applicant

Cosmos Tarimo

Respondent

Leticia P. Kivuyo

Respondent

Lilian Mushi

Respondent

Sophia H. Mrema (administratrix of the estate of the late Humphrey Mrema)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file appeal
  2. 2 Whether the applicant's sickness constituted sufficient cause for delay
  3. 3 Whether unresolved legal issues in the original judgment justify extension of time

Ratio Decidendi

Extension of time granted due to unresolved legal issues in the original judgment and possibility of success in intended appeal, despite applicant's failure to show sufficient cause for delay based on sickness.

Court Disposition

Application granted

Orders

  • Leave to file appeal out of time granted