musa mpanduje vs jacob mashauri kitenge 2019 tzhc 2068 24 january 2019

Failure to notify the applicant of the date of judgment deprived him of the opportunity to appeal; this constitutes sufficient ground for extension of time.

Citation: musa mpanduje vs jacob mashauri kitenge 2019 tzhc 2068 24 january 2019
Parties: Appellant: Musa Mpanduje; Respondent: Jacob Mashauri Kitenge
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 January 2019
Procedural Posture: Miscellaneous Land Case Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Extension of Time, Service of Judgment, Due Diligence, Notification of Judgment Date
Source Language: English

Land Law Civil Procedure Extension of Time Service of Judgment Due Diligence Notification of Judgment Date

Case Brief

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Parties

Musa Mpanduje

Appellant

Jacob Mashauri Kitenge

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment

Legal Issues

1 Whether failure to notify the applicant of the date of judgment constitutes sufficient ground for extension of time to appeal
2 Whether the applicant exercised due diligence in seeking the judgment

Ratio Decidendi

Failure to notify the applicant of the date of judgment deprived him of the opportunity to appeal; this constitutes sufficient ground for extension of time.

Court Disposition

appeal allowed

Orders

Appellant to file appeal within forty-five days from date of judgment
Appellant awarded costs of appeal