morris shepea vs rafael lenesira mollel 2021 tzhc 7402 29 november 2021

morris shepea vs rafael lenesira mollel 2021 tzhc 7402 29 november 2021

Although the applicant failed to account for each day of delay, the clear point of illegality in the lower tribunal's proceedings and the applicant's persistent conduct in pursuing appeal justify extension of time.

Citation
morris shepea vs rafael lenesira mollel 2021 tzhc 7402 29 november 2021
Parties
Applicant: Morris Shepea; Respondent: Rafael Lenesira Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality, Technical Delay
Source Language
English

Case Brief

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Parties

Morris Shepea

Applicant

Rafael Lenesira Mollel

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

  1. 1 Whether sufficient cause exists to warrant extension of time to appeal
  2. 2 Whether technical delay and illegality justify extension of time

Ratio Decidendi

Although the applicant failed to account for each day of delay, the clear point of illegality in the lower tribunal's proceedings and the applicant's persistent conduct in pursuing appeal justify extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file appeal within 14 days from date of ruling
  • No order for costs