muungano saccos limited and two others vs lameck daud libeli 2020 tzhc 3426 6 november 2020

muungano saccos limited and two others vs lameck daud libeli 2020 tzhc 3426 6 november 2020

Applicants were not supplied with the necessary documents (judgment and decree) in time, and took reasonable steps to obtain them. The delay was beyond their control and sufficiently explained, justifying extension of time.

Citation
muungano saccos limited and two others vs lameck daud libeli 2020 tzhc 3426 6 november 2020
Parties
Applicant: Mungano Saccos Limited; Applicant: Jesca Simon Deheye; Applicant: Yusuph Rehan Hassan; Respondent: Lameck Daud Libeli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Delay in Obtaining Judgment and Decree
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Delay in Obtaining Judgment and Decree

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Parties

Mungano Saccos Limited

Applicant

Jesca Simon Deheye

Applicant

Yusuph Rehan Hassan

Applicant

Lameck Daud Libeli

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for extension of time to appeal out of time
  2. 2 Whether the period between receipt of judgment and filing of application was properly accounted for

Ratio Decidendi

Applicants were not supplied with the necessary documents (judgment and decree) in time, and took reasonable steps to obtain them. The delay was beyond their control and sufficiently explained, justifying extension of time.

Court Disposition

Application granted

Orders

  • Extension of twenty-one (21) days from the date of ruling for applicants to lodge appeal
  • No order as to costs