asha waziri vs efc bank tanzania ltd alias efc bank tanzania micro finance bank limited 3 others 2023 tzhclandd 17246 19 december 2023

asha waziri vs efc bank tanzania ltd alias efc bank tanzania micro finance bank limited 3 others 2023 tzhclandd 17246 19 december 2023

Applicant accounted for the delay through technical reasons and timely filings; however, leave to appeal is no longer required due to statutory amendment, rendering that part of the application moot.

Citation
asha waziri vs efc bank tanzania ltd alias efc bank tanzania micro finance bank limited 3 others 2023 tzhclandd 17246 19 december 2023
Parties
Applicant: Asha Waziri; 1st Respondent: EFC-Bank Tanzania Ltd alias EFC-Bank Tanzania Micro Finance Bank Limited; 2nd Respondent: Michael Tara Mwami; 3rd Respondent: Debt Star & Auctioneer; 4th Respondent: Stanley Joshua Shimwela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Extension of time granted for lodging notice of appeal; application for leave to appeal struck out as overtaken by event.
Legal Topics
Extension of Time, Leave to Appeal, Appellate Jurisdiction
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Appellate Jurisdiction

Case Brief

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Parties

Asha Waziri

Applicant

EFC-Bank Tanzania Ltd alias EFC-Bank Tanzania Micro Finance Bank Limited

1st Respondent

Michael Tara Mwami

2nd Respondent

Debt Star & Auctioneer

3rd Respondent

Stanley Joshua Shimwela

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has sufficiently accounted for the delay in lodging notice of appeal and application for leave
  2. 2 Whether leave to appeal is still a legal requirement after statutory amendments

Ratio Decidendi

Applicant accounted for the delay through technical reasons and timely filings; however, leave to appeal is no longer required due to statutory amendment, rendering that part of the application moot.

Court Disposition

Extension of time granted for lodging notice of appeal; application for leave to appeal struck out as overtaken by event.

Orders

  • Applicant granted extension of time to lodge notice of appeal within fourteen days from date of ruling.
  • Application for leave to appeal struck out.