badru issa badru vs omari kilendu 2016 tzca 907 2 december 2016

badru issa badru vs omari kilendu 2016 tzca 907 2 december 2016

The reasons advanced for the delay, including inadvertence of counsel, diligent pursuit, and existence of arguable legal issues, cumulatively constitute good cause for extension of time under Rule 10.

Citation
badru issa badru vs omari kilendu 2016 tzca 907 2 december 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
2 December 2016
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application granted
Legal Topics
Extension of Time, Notice of Appeal, Sale Agreement, Bona Fide Purchaser, Oral Agreements
Source Language
English
Civil Procedure Land Law Extension of Time Notice of Appeal Sale Agreement Bona Fide Purchaser Oral Agreements

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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 applicant has shown good cause for extension of time to file notice of appeal
  2. 2 Whether delay was due to negligence or inadvertence
  3. 3 Whether oral sale agreement is sufficient to pass title to land

Ratio Decidendi

The reasons advanced for the delay, including inadvertence of counsel, diligent pursuit, and existence of arguable legal issues, cumulatively constitute good cause for extension of time under Rule 10.

Court Disposition

application granted

Orders

  • extension of time to file notice of appeal granted
  • costs to be in the cause