badru issa badru vs omari kilendu another 2016 tzca 194 28 november 2016

badru issa badru vs omari kilendu another 2016 tzca 194 28 november 2016

The applicant provided cumulative reasons for the delay, including counsel's inadvertence, incomplete record of appeal, and ongoing diligent pursuit of the matter, which together constitute good cause for extension of time under Rule 10 of the Court Rules.

Citation
badru issa badru vs omari kilendu another 2016 tzca 194 28 november 2016
Parties
Applicant: Badru Issa Badru; 1st Respondent: Omari Kilendu; 2nd Respondent: Hashim Rungwe t/a H. Rungwe Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2016
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Good Cause for Delay, Sale of Land, Bona Fide Purchaser
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Good Cause for Delay Sale of Land Bona Fide Purchaser

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Parties

Badru Issa Badru

Applicant

Omari Kilendu

1st Respondent

Hashim Rungwe t/a H. Rungwe Ltd

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file notice of appeal
  2. 2 Whether the delay was due to negligence or excusable inadvertence
  3. 3 Whether the intended appeal raises serious issues of law

Ratio Decidendi

The applicant provided cumulative reasons for the delay, including counsel's inadvertence, incomplete record of appeal, and ongoing diligent pursuit of the matter, which together constitute good cause for extension of time under Rule 10 of the Court Rules.

Court Disposition

application granted

Orders

  • Extension of time to file notice of appeal granted
  • Costs to be in the cause