salima ally mkalia vs lipa kisyo mwambembati 2 others 2023 tzhclandd 16794 17 august 2023

salima ally mkalia vs lipa kisyo mwambembati 2 others 2023 tzhclandd 16794 17 august 2023

Applicant accounted for all periods of delay, acted diligently, and delay was technical due to procedural defect; sufficient cause established for extension of time to file notice of appeal. Leave to appeal not required by law for this case.

Citation
salima ally mkalia vs lipa kisyo mwambembati 2 others 2023 tzhclandd 16794 17 august 2023
Parties
Applicant: Salima Ally Mkalia; 1st Respondent: Lira Kisyo Mwambembati; 2nd Respondent: Melkior Mafikiri Mach; 3rd Respondent: Raymond Masawe; 4th Respondent: Peter Tesha; 5th Respondent: Shebe Yusufu Mtambo; 6th Respondent: Janeti Damian; 7th Respondent: Joseph Chisandu; 8th Respondent: Vicent Msigwa; 9th Respondent: Christina Tegulo; 10th Respondent: Amina Kizinga; 11th Respondent: Paulo Ndaje; 12th Respondent: Elia Makundi; 13th Respondent: Richard Makundi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted in part
Legal Topics
Extension of Time, Notice of Appeal, Leave to Appeal, Technical Delay, Discretionary Power
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Notice of Appeal Leave to Appeal Technical Delay Discretionary Power

Case Brief

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Parties

Salima Ally Mkalia

Applicant

Lira Kisyo Mwambembati

1st Respondent

Melkior Mafikiri Mach

2nd Respondent

Raymond Masawe

3rd Respondent

Peter Tesha

4th Respondent

Shebe Yusufu Mtambo

5th Respondent

Janeti Damian

6th Respondent

Joseph Chisandu

7th Respondent

Vicent Msigwa

8th Respondent

Christina Tegulo

9th Respondent

Amina Kizinga

10th Respondent

Paulo Ndaje

11th Respondent

Elia Makundi

12th Respondent

Richard Makundi

13th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file notice of appeal
  2. 2 Whether extension of time to apply for leave to appeal is warranted

Ratio Decidendi

Applicant accounted for all periods of delay, acted diligently, and delay was technical due to procedural defect; sufficient cause established for extension of time to file notice of appeal. Leave to appeal not required by law for this case.

Court Disposition

Application granted in part

Orders

  • Extension of time to file notice of appeal to the Court of Appeal granted; notice to be lodged within thirty (30) days from date of ruling.
  • No order as to costs.