omary shaban nyambu vs dodoma water sewarage authority 2016 tzca 2024 13 october 2016

omary shaban nyambu vs dodoma water sewarage authority 2016 tzca 2024 13 october 2016

The trial court failed to determine the issue of ownership of the land in dispute, which was a framed issue, and this omission gives the intended appeal overwhelming chances of success; thus, extension of time is justified.

Citation
omary shaban nyambu vs dodoma water sewarage authority 2016 tzca 2024 13 october 2016
Parties
Applicant: Omary Shabani Nyambu; Respondent: Dodoma Water and Sewerage Authority
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Good Cause for Delay, Errors on Face of Record, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Good Cause for Delay Errors on Face of Record Illegality as Ground for Extension

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Parties

Omary Shabani Nyambu

Applicant

Dodoma Water and Sewerage Authority

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal
  2. 2 Whether errors on the face of the record or illegality constitute sufficient cause for extension of time

Ratio Decidendi

The trial court failed to determine the issue of ownership of the land in dispute, which was a framed issue, and this omission gives the intended appeal overwhelming chances of success; thus, extension of time is justified.

Court Disposition

Application granted

Orders

  • Time extended by 30 days for applicant to file notice of appeal
  • No order as to costs