asha ali omary vs audax rweyemamu kamuhambwa 2 others 2023 tzhclandd 16898 18 september 2023
The applicant established good cause for extension of time based on the ground of illegality, specifically the issue of jurisdiction, which is a point of law of sufficient importance. The court is persuaded by the illegality ground and grants the extension without considering the other grounds.
- Citation
- asha ali omary vs audax rweyemamu kamuhambwa 2 others 2023 tzhclandd 16898 18 september 2023
- Parties
- Applicant: Asha Ali Omary; 1st Respondent: Audax Rweyemamu Kamuhambwa; 2nd Respondent: Ducresia Kamuzora Bagenda (As a personal legal representative of the late Davis Bagenda); 3rd Respondent: Esther Lengwa Nkuba Bagenda (As a personal legal representative of the late Godfrey Kalugaba Bagenda)
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2023
- Procedural Posture
- Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File Notice of Appeal and Leave to Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Jurisdiction, Illegality as Ground for Extension, Appeal Procedures
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Asha Ali Omary
Applicant
Audax Rweyemamu Kamuhambwa
1st Respondent
Ducresia Kamuzora Bagenda (As a personal legal representative of the late Davis Bagenda)
2nd Respondent
Esther Lengwa Nkuba Bagenda (As a personal legal representative of the late Godfrey Kalugaba Bagenda)
3rd Respondent
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to File Notice of Appeal and Leave to Appeal
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to file notice of appeal and application for leave to appeal
- 2 Whether alleged illegality in the impugned decision constitutes sufficient ground for extension of time
Ratio Decidendi
The applicant established good cause for extension of time based on the ground of illegality, specifically the issue of jurisdiction, which is a point of law of sufficient importance. The court is persuaded by the illegality ground and grants the extension without considering the other grounds.
Court Disposition
Application allowed
Orders
- Applicant to file Notice of Appeal and application for leave to appeal within fourteen (14) days of pronouncement of this ruling
- No order as to costs
Full Case Text
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