luka kaziyabure vs raha bakari another 2019 tzhclandd 19 23 september 2019

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

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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

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 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