Mikolina Kesaga vs Dominicus Mkonda Another
The applicant's delay was due to a technical error in filing at the wrong forum, which constitutes technical delay and is a sufficient ground for granting extension of time.
Source-derived case information.
- Citation
- Mikolina Kesaga vs Dominicus Mkonda Another
- Parties
- Applicant: Mikolina Kesaga (Administratrix of the estate of the late Lidia Chota); 1st Respondent: Dominicus Mkonda; 2nd Respondent: Otavina Mkonda
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 21 May 2024
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Technical Delay, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mikolina Kesaga (Administratrix of the estate of the late Lidia Chota)
Applicant
Dominicus Mkonda
1st Respondent
Otavina Mkonda
2nd Respondent
Procedural Posture
Miscellaneous Land 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 out of time
Ratio Decidendi
The applicant's delay was due to a technical error in filing at the wrong forum, which constitutes technical delay and is a sufficient ground for granting extension of time.
Court Disposition
Application granted
Orders
- The intended appeal must be filed within 21 days from the date of this order
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (I RIN GA SUB REGISTRY) AT IRINGA MISC. LAND APPLICATION NO. 5674 OF 2024 (Original Land Application No. 39 of2023 of the District Land and Housing Tribunal for Iringa at Iringa before Hon. A. J. Majengo, Chairperson) MIKOLINA KESAGA (Administratrix of the estate of the fate LIDIA CHOTA) ....................... ................ APPLICANT VERSUS DOMINICUS MKONDA..... ....... ......................... . 1st RESPONDENT OTAVINA MKONDA ......... . 2nd RESPONDENT RULING 21st & 21st May, 2024 IX. MUGETA, J: The applicant applies for extension of time to appeal out of time. The reason for the delay is that on -20/12/2023 she filed an appeal in time mistakenly at the District Land and Housing Tribunal (the DLHT) instead of filing it directly to this court. That the DLHT erroneously fixed the appeal for hearing until on 14/3/2024 when the error was noticed and the applicant was forced to withdraw the appeal. It was upon such withdrawal and since the time to lodge an appeal had expired, this application was filed. When the case was called for hearing, Jally Mongo, counsel for the respondent, demonstrated professionalism. He took the floor and informed Page 1 of 2 the court that considering what is stated in the affidavit, he does not object the application and for that reason he had not even filed a counter affidavit. On that account, Silas Msolansimbi, advocate for the applicant prayed for the grant of the application and I hereby do. The reasons for the delay to lodge the appeal in this case falls in the category of what is referred to as technical delay. Technical delay in applications for extension of time, upon being proved, is sufficient ground to enable the court to grant the sought extension of time. Having granted the application, I order the intended appeal to be filed within 21 days from the date of this order. 21/05/2024 Court: Ruling delivered in chambers in the presence of the applicant and her counsel, Silas Msolansimbi and Tally Mongo, counsel for the respondent. Sgd. I.C. Mugeta JUDGE 21/05/2024 Page 2 of 2