amani mafuru vs shibide lugoba 2022 tzhc 10369 30 june 2022

amani mafuru vs shibide lugoba 2022 tzhc 10369 30 june 2022

Illegality alleged in the trial court decision regarding locus standi constitutes sufficient cause for extension of time to appeal, and the application is granted to allow the applicant to address the issue at the appeal stage.

Citation
amani mafuru vs shibide lugoba 2022 tzhc 10369 30 june 2022
Parties
Applicant: Amani Mafuru; Respondent: Shibide Lugoba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2022
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Appeals Illegality as Ground for Extension

Case Brief

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Parties

Amani Mafuru

Applicant

Shibide Lugoba

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient reasons have been advanced to warrant extension of time to appeal
  2. 2 Whether alleged illegality in the trial court decision constitutes sufficient cause for extension

Ratio Decidendi

Illegality alleged in the trial court decision regarding locus standi constitutes sufficient cause for extension of time to appeal, and the application is granted to allow the applicant to address the issue at the appeal stage.

Court Disposition

Application allowed

Orders

  • Applicant granted 14 days from date of ruling to file appeal before the court
  • No order as to costs