sirili baha ammo vs andrea yakobo 2022 tzca 787 8 december 2022

sirili baha ammo vs andrea yakobo 2022 tzca 787 8 december 2022

The applicant established a point of illegality in the High Court judgment, specifically that the High Court failed to recognize an order granting extension of time to file an appeal before the DLHT. This illegality constitutes sufficient ground for extension of time, and the application is granted.

Source-derived case information.

Citation
sirili baha ammo vs andrea yakobo 2022 tzca 787 8 december 2022
Parties
Applicant: Sirili Baha Ammo; Respondent: Andrea Yakobo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application granted
Legal Topics
Extension of Time, Notice of Appeal, Illegality as Ground for Extension, Land Appeals
Source Language
english
Civil Procedure Land Law Extension of Time Notice of Appeal Illegality as Ground for Extension Land Appeals

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Parties

Sirili Baha Ammo

Applicant

Andrea Yakobo

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to file a notice of appeal against the High Court decision
  2. 2 Whether illegality in the High Court judgment constitutes sufficient ground for extension of time

Ratio Decidendi

The applicant established a point of illegality in the High Court judgment, specifically that the High Court failed to recognize an order granting extension of time to file an appeal before the DLHT. This illegality constitutes sufficient ground for extension of time, and the application is granted.

Court Disposition

application granted

Orders

  • Extension of time to file a notice of appeal is granted.
  • Applicant to file notice of appeal within thirty (30) days from the date of this order.