Automated Summary
Key Facts
The applicant, Mwajuma Rashidi, sought leave to file an appeal out of time against a 2019 land application decision favoring respondents Tatu and Aman Manyelezi. She claimed the delay (from November 2020 to February 2021) resulted from the late supply of the judgment copy and illness due to the Covid-19 pandemic. The court granted the application, acknowledging the applicant's non-negligence and citing section 41(2) of the Land Disputes Courts Act, allowing 45 days to file the appeal with costs to be borne by the parties.
Issues
Whether the Applicant's delay in filing an appeal was justified under section 41(2) of the Land Disputes Courts Act due to late judgment delivery and illness during the pandemic.
Holdings
The Court granted the Applicant's request for leave to file an appeal out of time, citing the late supply of the judgment copy and the Applicant's sickness due to the Covid-19 pandemic as sufficient cause under section 41(2) of the Land Disputes Courts Act. The Applicant is required to file the appeal within 45 days of this ruling, with both parties to bear their own costs.
Remedies
- The Applicant was given 45 days from the date of this ruling to file the intended appeal
- The Court ordered that the parties shall bear their own costs under the circumstances
- The Court granted the Applicant leave to file an appeal out of time, allowing her to proceed with the appeal despite the time bar
Legal Principles
The court applied the legal principle that an applicant must demonstrate good and sufficient cause for an extension of time to file an appeal, as outlined in section 41(2) of the Land Disputes Courts Act. The decision hinged on whether the Applicant's circumstances (delay in judgment delivery and illness during the pandemic) met this standard, which the court concluded they did.
Cited Statute
Land Disputes Courts Act
Judge Name
Khalfan, J.
Passage Text
- The Court is thus decidedly of the view that the Applicant was not negligent in processing the appeal timely rather she was constrained by the late supply of the copy of judgment and sickness resulting from the outbreak of Covid-19.
- The position of the law in the United Republic of Tanzania is that the right to be heard goes along with the right of appeal otherwise the latter would be redundant. Having said so, the reasons advanced by the Applicant constitute good and sufficient cause for granting this application which is sanctioned under section 41 (2) of the Land Disputes Courts Act, [Cap 216 R.E 2019].