20060915 TZHC Mwanza

20060915 TZHC Mwanza

The appellant failed to provide sufficient or reasonable cause for the inordinate delay in filing the appeal, as mere assertions of illness were unsubstantiated and the delay was excessive. The DLHT was justified in refusing the extension of time.

Citation
20060915 TZHC Mwanza
Parties
Appellant: Philipo Lulyeho; Respondent: Mshadawa Malongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 2006
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeals, Delay Justification, Ward Tribunal Procedure
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Delay Justification Ward Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Philipo Lulyeho

Appellant

Mshadawa Malongo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

  1. 1 Whether the appellant provided sufficient cause for delay in filing appeal out of time
  2. 2 Whether failure to supply judgment copy justified the delay
  3. 3 Whether the DLHT erred in refusing extension of time

Ratio Decidendi

The appellant failed to provide sufficient or reasonable cause for the inordinate delay in filing the appeal, as mere assertions of illness were unsubstantiated and the delay was excessive. The DLHT was justified in refusing the extension of time.

Court Disposition

appeal dismissed

Orders

  • DLHT's decision upheld
  • No order as to costs