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
Legal Issues
- 1 Whether sufficient cause exists to warrant extension of time to appeal
- 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
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