PHILEMON VANAI SAITERU MOLLEL v. WILLIAM TITUS MOLLEL (THE ADMINISTRATOR OF THE ESTATE OF THE LATE TITUS ARON MOLLEL &ANOTHER, CIVIL APPLICATION NO. 494/02 OF 2021

Abstract

This is an application for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009. The applicant seeks leave to serve the respondents with the notice of appeal and a letter requesting High Court proceedings. The application is supported by an affidavit and is based on three grounds: (i) delay caused by security concerns due to alleged gunshots by the respondents, (ii) high chances of success in the intended appeal, and (iii) illegality in the High Court's decision, which declared that the seller lacked legal capacity to transfer the disputed land. The respondents opposed the application, arguing that the applicant failed to account for the delay and that the alleged illegality was merely a ground of appeal rather than a justification for extension of time.