thomasi gilbert obila vs pepertua boniface chilai 2 others 2022 tzhclandd 12545 19 october 2022

thomasi gilbert obila vs pepertua boniface chilai 2 others 2022 tzhclandd 12545 19 october 2022

Applicant was not negligent and actively pursued his rights; delay was justified by ongoing proceedings and technical dismissal of prior application.

Citation
thomasi gilbert obila vs pepertua boniface chilai 2 others 2022 tzhclandd 12545 19 october 2022
Parties
Applicant: Thomasi Gilbert Obilla; 1st Respondent: Pepertua Boniface Chilai; 2nd Respondent: Robert Joseph Chiti; 3rd Respondent: Prisca Isaya Kilwai
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Leave to Appeal, Limitation of Actions
Source Language
English

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Parties

Thomasi Gilbert Obilla

Applicant

Pepertua Boniface Chilai

1st Respondent

Robert Joseph Chiti

2nd Respondent

Prisca Isaya Kilwai

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 whether the applicant is entitled to extension of time to file application for leave to appeal

Ratio Decidendi

Applicant was not negligent and actively pursued his rights; delay was justified by ongoing proceedings and technical dismissal of prior application.

Court Disposition

application granted

Orders

  • Applicant to file application for leave to appeal to the Court of Appeal within 14 days from date of ruling.
  • Costs shall be in the cause.