athumani amiri vs hamza amiri another 2019 tzca 640 3 april 2019

athumani amiri vs hamza amiri another 2019 tzca 640 3 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 there is good cause for extension of time.

Citation
athumani amiri vs hamza amiri another 2019 tzca 640 3 april 2019
Parties
Applicant: Athumani Amiri; Respondent: Hamza Amiri; Respondent: Adia Amiri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 April 2019
Procedural Posture
Civil Application / 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

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Parties

Athumani Amiri

Applicant

Hamza Amiri

Respondent

Adia Amiri

Respondent

Procedural Posture

Civil Application / 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 there is good cause for extension of time.

Court Disposition

application granted

Orders

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