Kimambo safii

The applicant is entitled to extension of time as the delay was occasioned by time spent obtaining a certified copy of the order and the period during which the previous appeal was pending, both of which are excludable under the Law of Limitation Act.

Citation: Kimambo safii
Parties: Applicant: Lawrent Kimambo; 1st Respondent: Osingo Construction Company Limited; 2nd Respondent: Salutare J.M. Massawe; 3rd Respondent: Hellen Mnzava; 4th Respondent: Fabiola Sirili
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 16 October 2024
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Limitation of Actions, Appeals
Source Language: English

Land Law Civil Procedure Extension of Time Limitation of Actions Appeals

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Parties

Lawrent Kimambo

Applicant

Osingo Construction Company Limited

1st Respondent

Salutare J.M. Massawe

2nd Respondent

Hellen Mnzava

3rd Respondent

Fabiola Sirili

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant is entitled to extension of time to file an appeal out of time
2 Whether the period spent obtaining a certified copy of the order is excludable under the Law of Limitation Act

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant given fourteen (14) days from the date of ruling to file appeal against the judgment and decree of the District Land and Housing Tribunal of Ubungo at Luguruni in Application No. 213 of 2021
Costs of the application shall abide the outcome of the intended appeal