mohamed gambo vs chande chingwile 2023 tzhc 19339 19 july 2023

The delay was caused by a technical error in filing the appeal in the wrong registry, not by negligence. The interest of justice requires granting the extension to allow the applicant to appeal.

Citation: mohamed gambo vs chande chingwile 2023 tzhc 19339 19 july 2023
Parties: Applicant: Mohamed S. Gambo; Respondent: Chande Chingwile
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 July 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application allowed
Legal Topics: Extension of Time, Appeals Procedure, Technical Delay
Source Language: English

Civil Procedure Land Law Extension of Time Appeals Procedure Technical Delay

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Parties

Mohamed S. Gambo

Applicant

Chande Chingwile

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The delay was caused by a technical error in filing the appeal in the wrong registry, not by negligence. The interest of justice requires granting the extension to allow the applicant to appeal.

Court Disposition

Application allowed

Orders

Extension of thirty (30) days from the date of the ruling granted to the applicant to file his appeal in the relevant registry (District Land and Housing Tribunal).