priskila mwainunu vs magongo justus 2020 tzhc 223 28 february 2020

priskila mwainunu vs magongo justus 2020 tzhc 223 28 february 2020

The applicant was diligent and prompt in seeking to appeal, and the period spent waiting for the judgment and decree is excluded from the limitation period. The application for extension of time is allowed as there is sufficient cause, including the existence of points of law of sufficient importance.

Citation
priskila mwainunu vs magongo justus 2020 tzhc 223 28 february 2020
Parties
Applicant: Priskila Mwainunu; Respondent: Magongo Justus
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Limitation Period, Appeals, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Limitation Period Appeals Illegality as Ground for Extension

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Parties

Priskila Mwainunu

Applicant

Magongo Justus

Respondent

Procedural Posture

Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether the period spent waiting for copies of judgment and decree should be excluded in computing limitation period
  3. 3 Whether alleged illegality constitutes sufficient cause for extension

Ratio Decidendi

The applicant was diligent and prompt in seeking to appeal, and the period spent waiting for the judgment and decree is excluded from the limitation period. The application for extension of time is allowed as there is sufficient cause, including the existence of points of law of sufficient importance.

Court Disposition

Application allowed

Orders

  • Extension of time to file appeal granted
  • No order as to costs