serena temba vs moses david castico 2023 tzhclandd 3 24 january 2023
The court held that the applicant's pleaded illegality regarding the treatment of the unstamped sale agreement was a point of law apparent on the face of the record and constituted sufficient cause for extension of time, notwithstanding the failure to account for each day of delay.
- Citation
- serena temba vs moses david castico 2023 tzhclandd 3 24 january 2023
- Parties
- Applicant: Serena Temba; Respondent: Moses David Castico
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 January 2023
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Illegality as Ground for Extension, Stamp Duty on Sale Agreements, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Serena Temba
Applicant
Moses David Castico
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to appeal
- 2 Whether illegality in the tribunal's judgment constitutes sufficient ground for extension of time
Ratio Decidendi
The court held that the applicant's pleaded illegality regarding the treatment of the unstamped sale agreement was a point of law apparent on the face of the record and constituted sufficient cause for extension of time, notwithstanding the failure to account for each day of delay.
Court Disposition
Application granted
Orders
- Applicant to lodge an appeal within 30 days from the date of the ruling
Full Case Text
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