NATIONAL MICROFINACNE BANK VS CONJESTA ALEX MUSHI AND ANOTHER

NATIONAL MICROFINACNE BANK VS CONJESTA ALEX MUSHI AND ANOTHER

The applicant established sufficient cause for extension of time based on the presence of apparent illegalities—lack of jurisdiction and failure to notify the applicant of the judgment date—which are points of law and apparent on the face of the record. The court exercised its discretion to grant extension despite the applicant not accounting for every day of delay, as the alleged illegalities warrant consideration in the intended appeal.

Citation
NATIONAL MICROFINACNE BANK VS CONJESTA ALEX MUSHI AND ANOTHER
Parties
Applicant: National Microfinance Bank; 1st Respondent: Conjesta Alex Mushi; 2nd Respondent: CDJ Classic Group Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2011
Procedural Posture
Misc. Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Jurisdiction, Illegality as Ground for Extension, Notice of Judgment, Ex Parte Proceedings
Source Language
English
Civil Procedure Land Law Extension of Time Jurisdiction Illegality as Ground for Extension Notice of Judgment Ex Parte Proceedings

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Parties

National Microfinance Bank

Applicant

Conjesta Alex Mushi

1st Respondent

CDJ Classic Group Ltd

2nd Respondent

Procedural Posture

Misc. Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal
  2. 2 Whether alleged illegalities (lack of jurisdiction, lack of notice of judgment) justify extension of time

Ratio Decidendi

The applicant established sufficient cause for extension of time based on the presence of apparent illegalities—lack of jurisdiction and failure to notify the applicant of the judgment date—which are points of law and apparent on the face of the record. The court exercised its discretion to grant extension despite the applicant not accounting for every day of delay, as the alleged illegalities warrant consideration in the intended appeal.

Court Disposition

Application granted

Orders

  • Applicant granted 30 days to file appeal against the decision of the District Land and Housing Tribunal for Moshi in Application No. 99 of 2021
  • No order as to costs