moses seni vs seni mashilingi and 2 others 2021 tzhc 6040 20 august 2021

moses seni vs seni mashilingi and 2 others 2021 tzhc 6040 20 august 2021

The period between the date of judgment and the date the applicant obtained the decree is excluded in computing the limitation period for appeal. The application for extension of time was filed promptly after obtaining the decree, and the applicant sufficiently accounted for the delay.

Citation
moses seni vs seni mashilingi and 2 others 2021 tzhc 6040 20 august 2021
Parties
Applicant: Moses Seni; Respondent: Seni Mashili Ngi; Respondent: Pius Mipawa; Respondent: Kumalila Seni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals, Computation of Limitation Period
Source Language
English
Civil Procedure Land Law Extension of Time Limitation Period Appeals Computation of Limitation Period

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Parties

Moses Seni

Applicant

Seni Mashili Ngi

Respondent

Pius Mipawa

Respondent

Kumalila Seni

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal against the decision of the District Land and Housing Tribunal

Ratio Decidendi

The period between the date of judgment and the date the applicant obtained the decree is excluded in computing the limitation period for appeal. The application for extension of time was filed promptly after obtaining the decree, and the applicant sufficiently accounted for the delay.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal granted
  • Intended appeal to be filed within 45 days from the date of this ruling