zamlat ayubu vs samwel manumbu 2022 tzhcld 1185 29 march 2022

zamlat ayubu vs samwel manumbu 2022 tzhcld 1185 29 march 2022

The applicant demonstrated sufficient cause for extension of time due to technical delay arising from prosecution of an incompetent application, and acted promptly upon receiving the ruling. Alleged illegalities were not obvious but constitute proposed grounds for leave to appeal. Extension of time is granted.

Citation
zamlat ayubu vs samwel manumbu 2022 tzhcld 1185 29 march 2022
Parties
Applicant: Zamlat Ayubu; Respondent: Samwel Manumbu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 March 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Technical Delay, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Technical Delay Illegality as Ground for Extension

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 13 Party arguments 2
Sign in to unlock

Parties

Zamlat Ayubu

Applicant

Samwel Manumbu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file application for leave to appeal to the Court of Appeal
  2. 2 Whether technical delay and alleged illegalities constitute sufficient cause for extension of time

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time due to technical delay arising from prosecution of an incompetent application, and acted promptly upon receiving the ruling. Alleged illegalities were not obvious but constitute proposed grounds for leave to appeal. Extension of time is granted.

Court Disposition

Application granted

Orders

  • Applicant is given 14 days from the date of being availed with the copy of this ruling to file the intended application for leave to the Court of Appeal of Tanzania.
  • Each party to bear its own costs.