rhoda johson balegeza vs jolijo mapesi mkabe 2 others 2022 tzhclandd 12565 16 november 2022

The applicant's delay was due to circumstances beyond her control, including reliance on legal aid and technical errors not amounting to negligence; thus, extension of time is justified.

Citation: rhoda johson balegeza vs jolijo mapesi mkabe 2 others 2022 tzhclandd 12565 16 november 2022
Parties: Applicant: Rhoda Johnson Balegeza; 1st Respondent: Jolijo Mapasi Mkabe; 2nd Respondent: Leonard Rapahel Mtunda; 3rd Respondent: Mwagati Auction Mart and General Supplies Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 16 November 2022
Procedural Posture: Miscellaneous Application / Ruling on Application for Extension of Time to File Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Appeals, Good Cause for Delay
Source Language: English

Civil Procedure Land Law Extension of Time Appeals Good Cause for Delay

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Rhoda Johnson Balegeza

Applicant

Jolijo Mapasi Mkabe

1st Respondent

Leonard Rapahel Mtunda

2nd Respondent

Mwagati Auction Mart and General Supplies Limited

3rd Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The applicant's delay was due to circumstances beyond her control, including reliance on legal aid and technical errors not amounting to negligence; thus, extension of time is justified.

Court Disposition

Application granted

Orders

Applicant granted extension of 30 days from date of ruling to file appeal
No order as to costs