aliasgher muktar saajan vs registered trustees of khoja shia ithna asher jammat another 2022 tzhc 14782 10 november 2022

aliasgher muktar saajan vs registered trustees of khoja shia ithna asher jammat another 2022 tzhc 14782 10 november 2022

Applicant showed good cause for delay; delay was technical and caused by court's error in certificate of delay; applicant acted promptly; delay of 8 days not inordinate; extension of time granted.

Citation
aliasgher muktar saajan vs registered trustees of khoja shia ithna asher jammat another 2022 tzhc 14782 10 november 2022
Parties
Applicant: Aliasgher Muktar Saajan; 1st Respondent: The Registered Trustees of Khoja Shia Ithna Asher Jammat; 2nd Respondent: Property Master Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Technical Delay, Certificate of Delay, Court Error
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Notice of Appeal Technical Delay Certificate of Delay Court Error

Case Brief

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Parties

Aliasgher Muktar Saajan

Applicant

The Registered Trustees of Khoja Shia Ithna Asher Jammat

1st Respondent

Property Master Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to lodge notice of appeal
  2. 2 Whether delay was inordinate or technical
  3. 3 Whether applicant accounted for each day of delay

Ratio Decidendi

Applicant showed good cause for delay; delay was technical and caused by court's error in certificate of delay; applicant acted promptly; delay of 8 days not inordinate; extension of time granted.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal within 21 days from being supplied with copy of ruling
  • No order as to costs