machota maro masese vs birage maro birage 2022 tzhc 14268 31 october 2022

The applicant was prompt and vigilant in pursuing his rights, and the three-day delay is excusable under the circumstances, warranting the grant of extension of time to file the Notice of Appeal.

Citation: machota maro masese vs birage maro birage 2022 tzhc 14268 31 october 2022
Parties: Applicant: Machota Maro Masese; Respondent: Birage Maro Birage
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 October 2022
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Promptness in Filing, Notice of Appeal
Source Language: English

Civil Procedure Land Law Extension of Time Promptness in Filing Notice of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Machota Maro Masese

Applicant

Birage Maro Birage

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant was prompt in filing the application for extension of time after the previous appeal was struck out
2 Whether three days' delay is excusable and warrants enlargement of time

Ratio Decidendi

The applicant was prompt and vigilant in pursuing his rights, and the three-day delay is excusable under the circumstances, warranting the grant of extension of time to file the Notice of Appeal.

Court Disposition

Application granted

Orders

Applicant is granted ten days leave from the date of the ruling to file Notice of Appeal in accordance with the law.
No order as to costs.