regina sylivester vs modest mfuruki 2018 tzhc 2714 24 august 2018

regina sylivester vs modest mfuruki 2018 tzhc 2714 24 august 2018

The delay in filing the appeal was with sufficient cause as the applicant was not negligent and the court records show procedural delays beyond her control. The applicant is entitled to extension of time to file the appeal.

Source-derived case information.

Citation
regina sylivester vs modest mfuruki 2018 tzhc 2714 24 august 2018
Parties
Applicant: Regina Sylivester; Respondent: Modest Mfuruki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Sufficient Cause for Delay
Source Language
english
Civil Procedure Land Law Extension of Time Appeals Sufficient Cause for Delay

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Parties

Regina Sylivester

Applicant

Modest Mfuruki

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The delay in filing the appeal was with sufficient cause as the applicant was not negligent and the court records show procedural delays beyond her control. The applicant is entitled to extension of time to file the appeal.

Court Disposition

Application granted

Orders

  • Leave granted to file appeal out of time
  • Applicant to file appeal within 14 days from date of ruling