saraphina mwita v jane samwel chacha suing as next friend of mkami joseph and mwita joseph and another 2023 tzhc 22592 10 november 2023

saraphina mwita v jane samwel chacha suing as next friend of mkami joseph and mwita joseph and another 2023 tzhc 22592 10 november 2023

Applicant advanced sufficient reasons—advocate's negligence and alleged illegality—for extension of time. Sickness not substantiated but negligence and illegality justified exercise of discretion. Applicant granted extension to file application for leave to appeal.

Citation
saraphina mwita v jane samwel chacha suing as next friend of mkami joseph and mwita joseph and another 2023 tzhc 22592 10 november 2023
Parties
Applicant: Saraphina Mwita; 1st Respondent: Jane Samwel Chacha (suing as next friend of Mkami Joseph and Mwita Joseph); 2nd Respondent: Mwita Marco
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Leave to Appeal, Advocate Negligence, Sickness as Cause for Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Advocate Negligence Sickness as Cause for Delay Illegality as Ground for Extension

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Parties

Saraphina Mwita

Applicant

Jane Samwel Chacha (suing as next friend of Mkami Joseph and Mwita Joseph)

1st Respondent

Mwita Marco

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 whether applicant established sufficient cause for extension of time to file leave to appeal

Ratio Decidendi

Applicant advanced sufficient reasons—advocate's negligence and alleged illegality—for extension of time. Sickness not substantiated but negligence and illegality justified exercise of discretion. Applicant granted extension to file application for leave to appeal.

Court Disposition

application granted

Orders

  • applicant granted 30 days from date of ruling to file application for leave to appeal to the Court of Appeal
  • each party to bear its own costs