simon wolfgang ndauka vs idd seif 5 others 2023 tzhc 21588 29 september 2023

simon wolfgang ndauka vs idd seif 5 others 2023 tzhc 21588 29 september 2023

The applicant demonstrated sufficient cause for delay by showing diligence in pursuing the intended appeal and raising an apparent illegality regarding the jurisdiction of the District Court, which constitutes a special circumstance warranting extension of time.

Citation
simon wolfgang ndauka vs idd seif 5 others 2023 tzhc 21588 29 september 2023
Parties
Applicant: Simon Wolfgang Ndauka; 1st Respondent: Idd Seif; 2nd Respondent: Maiko Lusangan Ya; 3rd Respondent: Jonas Manyanya; 4th Respondent: Hamisi Lumodya; 5th Respondent: Pius Ilindilo; 6th Respondent: Nia Rashid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Illegality as Ground for Extension
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Jurisdiction Illegality as Ground for Extension

Case Brief

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Parties

Simon Wolfgang Ndauka

Applicant

Idd Seif

1st Respondent

Maiko Lusangan Ya

2nd Respondent

Jonas Manyanya

3rd Respondent

Hamisi Lumodya

4th Respondent

Pius Ilindilo

5th Respondent

Nia Rashid

6th Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay to warrant extension of time to apply for leave to appeal
  2. 2 Whether alleged illegality constitutes sufficient ground for extension of time

Ratio Decidendi

The applicant demonstrated sufficient cause for delay by showing diligence in pursuing the intended appeal and raising an apparent illegality regarding the jurisdiction of the District Court, which constitutes a special circumstance warranting extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to apply for leave to appeal to the Court of Appeal out of time
  • Application for leave to be filed within fourteen (14) days from the date of the order