salim mbarouk vs maria momba 2020 tzhclandd 2210 11 september 2020

salim mbarouk vs maria momba 2020 tzhclandd 2210 11 september 2020

Delay caused by the time taken to obtain copies of the judgment and decree constitutes sufficient cause for extension of time to appeal, as the applicant had no control over the process and could not formulate grounds of appeal without the documents.

Citation
salim mbarouk vs maria momba 2020 tzhclandd 2210 11 september 2020
Parties
Applicant: Salim Mbarouk; Respondent: Maria Momba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
11 September 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation Period, Appeals, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Appeals Good Cause for Delay

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Parties

Salim Mbarouk

Applicant

Maria Momba

Respondent

Procedural Posture

Miscellaneous 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
  2. 2 Whether delay in obtaining copies of judgment and decree constitutes good cause for extension

Ratio Decidendi

Delay caused by the time taken to obtain copies of the judgment and decree constitutes sufficient cause for extension of time to appeal, as the applicant had no control over the process and could not formulate grounds of appeal without the documents.

Court Disposition

Application granted

Orders

  • Applicant to lodge appeal within 14 days from the date of extraction of the drawn order
  • No order as to costs