abdu athumani kinumi vs sofia hassan 2021 tzhc 5953 31 august 2021

abdu athumani kinumi vs sofia hassan 2021 tzhc 5953 31 august 2021

The applicant demonstrated sufficient cause for extension of time due to illness, acting diligently upon recovery. However, since the matter originated from the Ward Tribunal, the law requires a certificate on point of law, not leave to appeal. The application for leave was incompetent and struck out.

Citation
abdu athumani kinumi vs sofia hassan 2021 tzhc 5953 31 august 2021
Parties
Applicant: Abdu Athumani Kinumi; Respondent: Sofia Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time granted; application for leave to appeal struck out as incompetent.
Legal Topics
Extension of Time, Leave to Appeal, Certificate on Point of Law, Appellate Procedure
Source Language
English
Land Law Civil Procedure Extension of Time Leave to Appeal Certificate on Point of Law Appellate Procedure

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Parties

Abdu Athumani Kinumi

Applicant

Sofia Hassan

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for leave to appeal to the Court of Appeal
  2. 2 Whether the applicant is entitled to leave to appeal to the Court of Appeal or required to seek a certificate on point of law

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time due to illness, acting diligently upon recovery. However, since the matter originated from the Ward Tribunal, the law requires a certificate on point of law, not leave to appeal. The application for leave was incompetent and struck out.

Court Disposition

Application for extension of time granted; application for leave to appeal struck out as incompetent.

Orders

  • Extension of time to file an application for leave to appeal to the Court of Appeal granted; to be filed within 14 days from the date of the ruling.
  • Application for leave to appeal struck out for being incompetent.