Lekam Ruling on extension FINAL 1

Lekam Ruling on extension FINAL 1

The application for extension of time is granted because the institution of Land Case No. 5/2013 without setting aside the dismissal order in Land Case No. 111/2008 constitutes an illegality apparent on the face of the record, which is a sufficient legal ground for extension of time.

Source-derived case information.

Citation
Lekam Ruling on extension FINAL 1
Parties
Applicant: Lekam Investment Co. Ltd; 1st Respondent: The Registered Trustees of Al-Jumaa Mosque; 2nd Respondent: The Administrator General; 3rd Respondent: Clement Kahabuka; 4th Respondent: Abdallah Ilamulira
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Illegality as Ground for Extension, Res Judicata, Dismissal for Non Appearance
Source Language
english
Civil Procedure Land Law Extension of Time Ex Parte Judgment Illegality as Ground for Extension Res Judicata Dismissal for Non Appearance

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Parties

Lekam Investment Co. Ltd

Applicant

The Registered Trustees of Al-Jumaa Mosque

1st Respondent

The Administrator General

2nd Respondent

Clement Kahabuka

3rd Respondent

Abdallah Ilamulira

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient cause for extension of time to file a notice of appeal against an ex parte judgment
  2. 2 Whether technical delay and/or illegality constitute good cause for extension of time in the circumstances

Ratio Decidendi

The application for extension of time is granted because the institution of Land Case No. 5/2013 without setting aside the dismissal order in Land Case No. 111/2008 constitutes an illegality apparent on the face of the record, which is a sufficient legal ground for extension of time.

Court Disposition

Application granted

Orders

  • Extension of 21 days granted to the applicant to lodge the notice of appeal
  • Each party to bear its own costs