luka kaziyabure vs raha bakari another 2019 tzhclandd 19 23 september 2019
The applicant demonstrated sufficient cause for delay as he promptly requested the necessary documents but was delayed by the tribunal's failure to supply them in time. The period spent waiting for documents is a valid reason for extension, and the applicant did not act negligently.
- Citation
- luka kaziyabure vs raha bakari another 2019 tzhclandd 19 23 september 2019
- Parties
- Applicant: Luka Kaziyabure; 1st Respondent: Raha Bakari; 2nd Respondent: Fatuma Bakari
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 23 September 2019
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Judicial Discretion, Limitation Period
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Luka Kaziyabure
Applicant
Raha Bakari
1st Respondent
Fatuma Bakari
2nd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to appeal
- 2 Whether delay in obtaining judgment and proceedings constitutes good cause for extension
Ratio Decidendi
The applicant demonstrated sufficient cause for delay as he promptly requested the necessary documents but was delayed by the tribunal's failure to supply them in time. The period spent waiting for documents is a valid reason for extension, and the applicant did not act negligently.
Court Disposition
Application granted
Orders
- Applicant granted extension of time to file intended appeal within fourteen (14) days from the date of ruling
- No order as to costs
Full Case Text
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