yohana msuka vs peter lutema 2020 tzhc 150 28 february 2020

yohana msuka vs peter lutema 2020 tzhc 150 28 february 2020

The application is granted because the applicant was denied a hearing in the lower court, which constitutes illegality sufficient to warrant extension of time, notwithstanding failure to account for each day of delay.

Citation
yohana msuka vs peter lutema 2020 tzhc 150 28 february 2020
Parties
Applicant: Yohana M. Msuka; Respondent: Peter Lutema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Appeals From Primary Courts
Source Language
English
Civil Procedure Extension of Time Right to Be Heard Appeals From Primary Courts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Yohana M. Msuka

Applicant

Peter Lutema

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient ground for extension of time to appeal
  2. 2 Whether failure to account for each day of delay is fatal to the application
  3. 3 Whether denial of a hearing constitutes illegality justifying extension of time

Ratio Decidendi

The application is granted because the applicant was denied a hearing in the lower court, which constitutes illegality sufficient to warrant extension of time, notwithstanding failure to account for each day of delay.

Court Disposition

Application granted

Orders

  • Extension of time to appeal is granted
  • No order as to costs