20120917 TZHC Dar es Salaam

20120917 TZHC Dar es Salaam

Despite the applicant's delay and insufficient explanation for the entire period, unresolved legal issues of paramount importance in the lower tribunal's decision constitute sufficient cause to grant extension of time for appeal.

Citation
20120917 TZHC Dar es Salaam
Parties
Applicant: Laurensia Matemu; Respondent: Cosmos Tarimo; Respondent: Leticia P. Kivuyo; Respondent: Lilian Mushi; Respondent: Sophia H. Mrema (administratrix of the estate of the late Humphrey Mrema)
Court
TZHC
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 Out of Time, Sufficient Cause, Judicial Discretion
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Out of Time Sufficient Cause Judicial Discretion

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Parties

Laurensia Matemu

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 the applicant demonstrated sufficient cause for delay in filing appeal
  2. 2 Whether legal issues of paramount importance justify extension of time

Ratio Decidendi

Despite the applicant's delay and insufficient explanation for the entire period, unresolved legal issues of paramount importance in the lower tribunal's decision constitute sufficient cause to grant extension of time for appeal.

Court Disposition

Application granted

Orders

  • Leave granted to file appeal out of time