20150327 TZHC Iringa
The applicant failed to show sufficient and reasonable cause for the delay, did not act diligently, and did not properly lodge the petition of appeal as required by law. The delay was due to negligence and inaction, not excusable circumstances.
- Citation
- 20150327 TZHC Iringa
- Parties
- Applicant: Magdalena Mapembe; Respondent: Damian Mango
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 March 2015
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals, Procedural Default, Diligence in Litigation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Magdalena Mapembe
Applicant
Damian Mango
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 and reasonable cause for delay to warrant extension of time to file an appeal out of time
- 2 Whether the conduct of leaving the petition of appeal with the tribunal clerk without obtaining an Exchequer Receipt constitutes proper lodging of an appeal
- 3 Whether the applicant demonstrated due diligence in pursuing the appeal
Ratio Decidendi
The applicant failed to show sufficient and reasonable cause for the delay, did not act diligently, and did not properly lodge the petition of appeal as required by law. The delay was due to negligence and inaction, not excusable circumstances.
Court Disposition
application dismissed
Orders
- application rejected for want of merit and dismissed with costs
Full Case Text
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