pelegrin d mdahila vs lameck daudi lebeli and 3 others 2022 tzhc 11 24 january 2022

pelegrin d mdahila vs lameck daudi lebeli and 3 others 2022 tzhc 11 24 january 2022

The applicant was not the cause of the delay, having been continuously in court due to defects in the DLHT decision and the need to correct them. There is also an element of illegality in the lower court's record. These constitute good cause for extension of time.

Citation
pelegrin d mdahila vs lameck daudi lebeli and 3 others 2022 tzhc 11 24 january 2022
Parties
Applicant: Pelegrin D. Mdahila; 1st Respondent: Lameck Daudi Lebeli; 2nd Respondent: Mbezi Auction Mart and Company Limited; 3rd Respondent: Philemon Mkeya Zegeli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 January 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension, Diligence in Prosecution
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Illegality as Ground for Extension Diligence in Prosecution

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Parties

Pelegrin D. Mdahila

Applicant

Lameck Daudi Lebeli

1st Respondent

Mbezi Auction Mart and Company Limited

2nd Respondent

Philemon Mkeya Zegeli

3rd 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 illegality in the lower court's record justifies extension of time

Ratio Decidendi

The applicant was not the cause of the delay, having been continuously in court due to defects in the DLHT decision and the need to correct them. There is also an element of illegality in the lower court's record. These constitute good cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant given fourteen (14) days to lodge appeal against the DLHT decision
  • Costs to follow the event