naiman olemkoro vs michael lazaro lengere and another 2023 tzhc 23323 4 december 2023

naiman olemkoro vs michael lazaro lengere and another 2023 tzhc 23323 4 december 2023

The applicant established good cause for extension of time by demonstrating diligence, accounting for delay due to technical reasons and late supply of documents, and raising a point of law (res judicata) warranting appellate consideration. The application was filed promptly after receipt of rectified documents. The court exercised its discretion to grant extension.

Citation
naiman olemkoro vs michael lazaro lengere and another 2023 tzhc 23323 4 december 2023
Parties
Applicant: Naiman Olemkoro; 1st Respondent: Michael Lazaro Lengere; 2nd Respondent: Mathayo Lazaro Laizer @ Laitayo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Res Judicata, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Res Judicata Illegality as Ground for Extension

Case Brief

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Parties

Naiman Olemkoro

Applicant

Michael Lazaro Lengere

1st Respondent

Mathayo Lazaro Laizer @ Laitayo

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to appeal
  2. 2 Whether delay was justified and accounted for
  3. 3 Whether alleged illegality constitutes sufficient ground for extension

Ratio Decidendi

The applicant established good cause for extension of time by demonstrating diligence, accounting for delay due to technical reasons and late supply of documents, and raising a point of law (res judicata) warranting appellate consideration. The application was filed promptly after receipt of rectified documents. The court exercised its discretion to grant extension.

Court Disposition

Application granted

Orders

  • Extension of time to file appeal granted
  • Applicant to file appeal within forty-five (45) days from date of supply of this ruling