shabani maganga v matheo miselya 2 others 2023 tzhc 18526 26 june 2023

shabani maganga v matheo miselya 2 others 2023 tzhc 18526 26 june 2023

The applicant's delay was due to a technicality and not attributable to fault or negligence. The applicant acted promptly after the previous application was struck out, constituting sufficient cause for extension of time.

Citation
shabani maganga v matheo miselya 2 others 2023 tzhc 18526 26 june 2023
Parties
Applicant: Shabani Maganga; 1st Respondent: Matheo Miselya; 2nd Respondent: Hamisi Ramadhani; 3rd Respondent: Mwantumu Bushiri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Application for Certification on a Point of Law
Outcome
Application granted
Legal Topics
Extension of Time, Certification on Point of Law, Technical Delay, Good Cause for Delay
Source Language
English
Land Law Civil Procedure Extension of Time Certification on Point of Law Technical Delay Good Cause for Delay

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Parties

Shabani Maganga

Applicant

Matheo Miselya

1st Respondent

Hamisi Ramadhani

2nd Respondent

Mwantumu Bushiri

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Application for Certification on a Point of Law

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for delay to warrant extension of time to file application for certification on a point of law

Ratio Decidendi

The applicant's delay was due to a technicality and not attributable to fault or negligence. The applicant acted promptly after the previous application was struck out, constituting sufficient cause for extension of time.

Court Disposition

Application granted

Orders

  • Extension of time to file application for certification on point of law granted
  • Applicant to file application within fourteen days from date of ruling