Automated Summary
Key Facts
The applicant, Leah Cretus Msopole, sought an extension to file written submissions for Land Appeal No. 139 of 2019, citing illness. Medical records showed her discharge on 28/04/2021, two days before the 30/04/2020 deadline, though the application was filed on 29/05/2021. The respondent, Ally H. Mahimbali, opposed the extension, alleging negligence. The judge ruled that the applicant's failure to meet the deadline was justified and amended the order to permit oral submissions instead, given the case's simplicity and age.
Issues
The court addressed the applicant's request for an extended time to file written submissions in support of Land Appeal No. 139 of 2019. The applicant cited sickness as the reason for non-compliance, supported by medical evidence. The respondent opposed, alleging negligence. The court concluded that the delay was justified and amended the order to permit oral submissions instead of written ones.
Holdings
The court amended its order requiring written submissions for Land Appeal No. 139 of 2019 and instead directed that the appeal be argued by way of oral submissions, given the case's simplicity and being an old matter.
Remedies
The court granted the application to amend its previous order requiring written submissions. The appeal (Land Appeal No. 139 of 2019) will now be argued via oral submissions instead of written ones, as the judge determined the case was simple and straightforward.
Legal Principles
The court granted an application for enlargement of time to file submissions, finding the omission to comply with procedural deadlines was justified. It further exercised its discretion to replace written submissions with oral arguments for a straightforward appeal.
Judge Name
I. Maige
Passage Text
- In her affidavit in support of the application, the applicant claims that, he could not timely file the same because of sickness. She has attached copies of medical chits as LCM - 01. The medical chits suggest that she was discharged on 28/04/2021 being two days before the expiry of the allocated time.
- I have considered the submission in line with affidavit and counter affidavit. I am satisfied that the omission to comply with my order is justified.
- Considering that the intended appeal is an old case and in view of the fact that the issue therein involved is simple and straight forward, I find it wise to deal with it by oral submissions instead of written submissions.