winford mlagha vs dinales paulo mwasile others 2022 tzca 27 16 february 2022

winford mlagha vs dinales paulo mwasile others 2022 tzca 27 16 february 2022

The applicant accounted for every day of delay, which was caused by the court's delay in providing necessary documents, and established the presence of alleged illegalities in the lower court proceedings, thus justifying the exercise of discretion to grant extension of time.

Citation
winford mlagha vs dinales paulo mwasile others 2022 tzca 27 16 february 2022
Parties
Applicant: Winford M Lagha; 1st Respondent: Dinales Paulo Mwasile (The Administratrix of the Estate of the late Paulo Mwasile); 2nd Respondent: Ruth Mlagha; 3rd Respondent: Mbeya City Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2022
Procedural Posture
Civil Application / Application for Extension of Time to Lodge Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Land Disputes, Procedural Irregularities
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Land Disputes Procedural Irregularities

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Parties

Winford M Lagha

Applicant

Dinales Paulo Mwasile (The Administratrix of the Estate of the late Paulo Mwasile)

1st Respondent

Ruth Mlagha

2nd Respondent

Mbeya City Council

3rd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Lodge Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to lodge an application for leave to appeal
  2. 2 Whether alleged illegalities in the lower court proceedings justify extension of time

Ratio Decidendi

The applicant accounted for every day of delay, which was caused by the court's delay in providing necessary documents, and established the presence of alleged illegalities in the lower court proceedings, thus justifying the exercise of discretion to grant extension of time.

Court Disposition

Application granted

Orders

  • Extension of time to lodge application for leave to appeal granted; application to be lodged within fourteen days from the date of the ruling
  • Costs to be in the cause