REHEMA OMARY

REHEMA OMARY

The applicant demonstrated diligence and was not negligent; the delay was caused by technological transition in the judiciary's filing system, which constituted sufficient cause for extension of time.

Citation
REHEMA OMARY
Parties
Applicant: Rehema Omary; 1st Respondent: Azizi Amani; 2nd Respondent: Nuru Masele
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Outcome
application allowed
Legal Topics
Extension of Time, Appeals, Judicial Discretion, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Judicial Discretion Technical Delay

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Parties

Rehema Omary

Applicant

Azizi Amani

1st Respondent

Nuru Masele

2nd Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 whether sufficient grounds exist to warrant extension of time to appeal
  2. 2 whether technological impediments constitute sufficient cause for delay
  3. 3 whether each day of delay has been accounted for

Ratio Decidendi

The applicant demonstrated diligence and was not negligent; the delay was caused by technological transition in the judiciary's filing system, which constituted sufficient cause for extension of time.

Court Disposition

application allowed

Orders

  • extension of time granted; applicant to file appeal within 21 days
  • costs to follow the course