paskal arusha vs mosses mollel 2018 tzca 196 10 october 2018

paskal arusha vs mosses mollel 2018 tzca 196 10 october 2018

The applicant demonstrated sufficient cause for the delay, including indigency, efforts to pursue rights, and unrefuted claims of accident and illegality in the impugned judgment. The existence of alleged illegalities in the High Court decision constitutes sufficient reason to grant extension of time.

Citation
paskal arusha vs mosses mollel 2018 tzca 196 10 october 2018
Parties
Applicant: Paskal Arusha; Respondent: Mosses M Ollel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 October 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Leave to Appeal (second Bite)
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Second Bite Applications, Good Cause for Delay, Indigency, Allegations of Illegality
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Second Bite Applications Good Cause for Delay Indigency Allegations of Illegality

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Parties

Paskal Arusha

Applicant

Mosses M Ollel

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Leave to Appeal (second Bite)

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file leave to appeal as a second bite
  2. 2 Whether the applicant is indigent
  3. 3 Whether the applicant's delay was justified by sufficient reasons including alleged illegality in the impugned judgment

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, including indigency, efforts to pursue rights, and unrefuted claims of accident and illegality in the impugned judgment. The existence of alleged illegalities in the High Court decision constitutes sufficient reason to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicant to lodge application for leave to appeal within fourteen (14) days from the date of the ruling.