reuben lubanga vs bernadetha malkus 10 others 2023 tzhclandd 16467 30 march 2023

reuben lubanga vs bernadetha malkus 10 others 2023 tzhclandd 16467 30 march 2023

The court granted the application for extension of time as all respondents supported the application and the delay was due to late supply of certified copies of judgment and decree, thus ensuring substantive justice.

Citation
reuben lubanga vs bernadetha malkus 10 others 2023 tzhclandd 16467 30 march 2023
Parties
Applicant: Reuben Lubanga; 1st Respondent: Bernadetha Malkus; 2nd Respondent: Evaristo Malkus; 3rd Respondent: Odilo Malkus; 4th Respondent: Conrad Malkus; 5th Respondent: Alberto Malkus; 6th Respondent: Patrick Malkus; 7th Respondent: Laurence Malkus; 8th Respondent: Helena Malkus; 9th Respondent: Rignas Malkus; 10th Respondent: Martha Manyepa; 11th Respondent: Moyo Africa Exploration Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 March 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Land Disputes
Source Language
English
Land Law Civil Procedure Extension of Time Appeal Procedure Land Disputes

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Parties

Reuben Lubanga

Applicant

Bernadetha Malkus

1st Respondent

Evaristo Malkus

2nd Respondent

Odilo Malkus

3rd Respondent

Conrad Malkus

4th Respondent

Alberto Malkus

5th Respondent

Patrick Malkus

6th Respondent

Laurence Malkus

7th Respondent

Helena Malkus

8th Respondent

Rignas Malkus

9th Respondent

Martha Manyepa

10th Respondent

Moyo Africa Exploration Limited

11th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to file an appeal out of time against the decision of the District Land and Housing Tribunal for Temeke

Ratio Decidendi

The court granted the application for extension of time as all respondents supported the application and the delay was due to late supply of certified copies of judgment and decree, thus ensuring substantive justice.

Court Disposition

Application granted

Orders

  • Applicant to file intended appeal within 21 days from the date of the ruling
  • No order as to costs