sosten mbwagha vs biria simbwango another 2022 tzhc 11601 12 july 2022

sosten mbwagha vs biria simbwango another 2022 tzhc 11601 12 july 2022

The applicant filed the application within the prescribed time after obtaining the certified judgment, and the application was based on a misconception in computing the limitation period. There was no need to scrutinize reasons for delay, and extension of time was granted.

Citation
sosten mbwagha vs biria simbwango another 2022 tzhc 11601 12 july 2022
Parties
Applicant: Sosten Mbwagha; 1st Respondent: Biria Simbwango; 2nd Respondent: Juma Samson
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 July 2022
Procedural Posture
Miscellaneous Land 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, Computation of Limitation Period
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Computation of Limitation Period

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Parties

Sosten Mbwagha

Applicant

Biria Simbwango

1st Respondent

Juma Samson

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient reasons for extension of time to apply for leave to appeal
  2. 2 Whether the application was incompetent for lack of notice of appeal

Ratio Decidendi

The applicant filed the application within the prescribed time after obtaining the certified judgment, and the application was based on a misconception in computing the limitation period. There was no need to scrutinize reasons for delay, and extension of time was granted.

Court Disposition

Application granted

Orders

  • Extension of thirty (30) days granted to the applicant to file application for leave to appeal to the Court of Appeal against the decision of this court.