peter suga vs lusoka musa 2022 tzhc 15266 12 december 2022

peter suga vs lusoka musa 2022 tzhc 15266 12 december 2022

Delay in supply of copies of the ruling and drawn order by the tribunal constitutes sufficient cause for extension of time; existence of a triable issue regarding alleged illegality justifies granting extension.

Citation
peter suga vs lusoka musa 2022 tzhc 15266 12 december 2022
Parties
Applicant: Peter Suga; Respondent: Lusoka Musa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Reference, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Reference Illegality as Ground for Extension

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Parties

Peter Suga

Applicant

Lusoka Musa

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause has been shown to warrant extension of time to file a reference
  2. 2 Whether delay in supply of ruling and drawn order constitutes sufficient cause
  3. 3 Whether alleged illegality in tribunal's ruling justifies extension

Ratio Decidendi

Delay in supply of copies of the ruling and drawn order by the tribunal constitutes sufficient cause for extension of time; existence of a triable issue regarding alleged illegality justifies granting extension.

Court Disposition

Application allowed

Orders

  • Applicant to file intended appeal within thirty (30) days from date of ruling