arunaben chaggan mistry vs naushad mohamed hussein others 2016 tzca 2026 20 october 2016

arunaben chaggan mistry vs naushad mohamed hussein others 2016 tzca 2026 20 october 2016

The application for extension of time is granted because the applicant raised allegations of illegality in the intended appeal, which constitutes sufficient reason for extension of time under established legal principles.

Citation
arunaben chaggan mistry vs naushad mohamed hussein others 2016 tzca 2026 20 october 2016
Parties
Applicant: Arunaben Chaggan Mistry; 1st Respondent: Naushad Mohamed Hussein; 2nd Respondent: Mohamed Raza Mohamed Hussein; 3rd Respondent: The Attorney General; 4th Respondent: Assistant Registrar of Titles Moshi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Land Dispute
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Illegality as Ground for Extension Land Dispute

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Parties

Arunaben Chaggan Mistry

Applicant

Naushad Mohamed Hussein

1st Respondent

Mohamed Raza Mohamed Hussein

2nd Respondent

The Attorney General

3rd Respondent

Assistant Registrar of Titles Moshi

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal

Legal Issues

  1. 1 Whether good cause has been shown for extension of time to file application for leave to appeal
  2. 2 Whether allegations of illegality justify extension of time

Ratio Decidendi

The application for extension of time is granted because the applicant raised allegations of illegality in the intended appeal, which constitutes sufficient reason for extension of time under established legal principles.

Court Disposition

Application granted

Orders

  • The applicant is granted extension of time to file application for leave to appeal within fourteen (14) days from the date of the ruling.
  • No order as to costs.