wilfred waindi versus peter l molell another 2023 tzhclandd 16854 31 august 2023
The applicant demonstrated sufficient cause for the delay, as the failure to file within time was due to a technical error in the electronic filing system and not negligence. The respondents supported this position. Therefore, the application for extension of time is granted.
- Citation
- wilfred waindi versus peter l molell another 2023 tzhclandd 16854 31 august 2023
- Parties
- Applicant: Wilfred Waindi; Respondent: Peter L. Molell; Respondent: Mohamed Ally
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2023
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Leave to Appeal, Electronic Filing, Procedural Delay
- Source Language
- English
Case Brief
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Parties
Wilfred Waindi
Applicant
Peter L. Molell
Respondent
Mohamed Ally
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient reason for extension of time to file an application for leave to appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay, as the failure to file within time was due to a technical error in the electronic filing system and not negligence. The respondents supported this position. Therefore, the application for extension of time is granted.
Court Disposition
Application allowed
Orders
- Applicant granted 14 days to file intended application
- No order as to costs
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