ahmed jabiri matenganya vs mshamu mohamed ngumbe 2020 tzhc 4400 3 november 2020
- Citation
- ahmed jabiri matenganya vs mshamu mohamed ngumbe 2020 tzhc 4400 3 november 2020
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 3 November 2020
- Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Language
- English
More details
- Court
- TZHC
- Decision
- 3 November 2020
- Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant's search for legal representation constitutes sufficient cause for extension of time.
Court disposition
application granted
Orders
- Time to apply for a certificate on points of law is granted.
- Applicant to file application within thirty days from date of ruling.
- Costs to be in the substantive application.
02
Material facts
Parties
Ahmed Jabir Matenganya
ApplicantMshamu Mohamed Ngumbe
RespondentAmounts and remedies
- Extension Period Granted: 30
03
Procedural history
Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
04
Questions and positions
Legal issues
Whether the applicant has sufficient cause for extension of time to apply for a certificate on points of law
Party arguments
- Applicant
- The applicant delayed because he was searching for an advocate to represent him.
- Respondent
- The respondent opposed the application through a counter affidavit.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Legal representation is a person's right, especially for laypersons.
06
Ratio, limits and disposition
Ratio decidendi
The applicant's search for legal representation constitutes sufficient cause for extension of time.
Obiter and limits
- This is not a substantive application.
Court disposition
application granted
- Time to apply for a certificate on points of law is granted.
- Applicant to file application within thirty days from date of ruling.
- Costs to be in the substantive application.
Source and reliance status
TZHC · 3 November 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 3 November 2020
THE UNITED REPUBLIC OF TANZANIA
JUDICIARY
IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY)
AT MTWARA MISC CIVIL APPLICATION NO 29 OF 2019 (Arising from Misc Land Appeal No 30 of 2018 High Court Mtwara) AHMED JABIRI MATENGANYA..................................... APPELLANT
VERSUS MSHAMU MOHAMED NGUMBE................................. RESPONDENT
RULING 3 November,2020 DYANSOBERA, J. ; In this application, the applicant Ahmed Jabir Matenganya is seeking for extension of time to apply for a certificate on points of law. According to his affirmed affidavit the reason for the delay is that he was in search of advocate to represent him. i The respondent Mshamu Mohamed Ngumbe has through his counter affidavit, opposed the application. I have considered the supporting affidavit and I am satisfied that legal representation is the person's right particularly where he is a layperson. After all, this is not a substantive application. Accordingly, this application is granted and time to apply for a certificate on points of law is granted. The applicant should file his application within thirty (30) days from to date. Costs to be in the substantive application. 3.11.2020 2
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