kimali oshima village chairman mwankali village and another vs mhela shishi 2020 tzhc 718 28 april 2020
Applicants demonstrated sufficient cause for delay due to tribunal's failure to provide documents and preparation time for filing; application does not constitute procedural abuse, so extension of time is granted.
- Citation
- kimali oshima village chairman mwankali village and another vs mhela shishi 2020 tzhc 718 28 april 2020
- Parties
- 1st Applicant: Kimali Oshima; 2nd Applicant: Fale Shishi; Respondent: Mhela Shishi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 April 2020
- Procedural Posture
- Miscellaneous Application for Extension of Time to Appeal / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Sufficient Cause, Delay in Obtaining Judgment and Decree
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kimali Oshima
1st Applicant
Fale Shishi
2nd Applicant
Mhela Shishi
Respondent
Procedural Posture
Miscellaneous Application for Extension of Time to Appeal / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether applicants have demonstrated sufficient cause for delay in filing appeal
- 2 Whether the delay between 12/6/2019 and 10/7/2019 was justified
Ratio Decidendi
Applicants demonstrated sufficient cause for delay due to tribunal's failure to provide documents and preparation time for filing; application does not constitute procedural abuse, so extension of time is granted.
Court Disposition
Application granted
Orders
- Applicants given thirty (30) days from date of ruling to file intended appeal
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