athumani amir vs hamza amir another 2019 tzca 36 1 april 2019

athumani amir vs hamza amir another 2019 tzca 36 1 april 2019

The applicant fully accounted for the delay, which was attributable to the Deputy Registrar's failure to issue an accurate certificate of delay. The applicant acted diligently and cannot be blamed for the period after the defective certificate was issued. Good cause for extension of time was established.

Citation
athumani amir vs hamza amir another 2019 tzca 36 1 april 2019
Parties
Applicant: Athumani Amiri; Respondent: Hamza Amiri; Respondent: Adia Amiri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 April 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Certificate of Delay, Co Ownership of Property
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Certificate of Delay Co Ownership of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Athumani Amiri

Applicant

Hamza Amiri

Respondent

Adia Amiri

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an appeal
  2. 2 Whether the delay in filing the appeal was sufficiently explained

Ratio Decidendi

The applicant fully accounted for the delay, which was attributable to the Deputy Registrar's failure to issue an accurate certificate of delay. The applicant acted diligently and cannot be blamed for the period after the defective certificate was issued. Good cause for extension of time was established.

Court Disposition

Application granted

Orders

  • The intended appeal to be instituted within sixty days from the date of delivery of this ruling.
  • Costs to follow the event in the appeal.