badru issa badru vs omary kilendu another 2016 tzca 2027 2 december 2016

badru issa badru vs omary kilendu another 2016 tzca 2027 2 december 2016

The cumulative reasons advanced for the delay, including counsel's inadvertence, diligent pursuit, and substantive legal issues, constitute good cause for extension of time to file notice of appeal.

Citation
badru issa badru vs omary kilendu another 2016 tzca 2027 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 delay in filing notice of appeal was justified
  2. 2 Whether applicant demonstrated good cause for extension
  3. 3 Whether oral sale agreement is sufficient to pass title to land

Ratio Decidendi

The cumulative reasons advanced for the delay, including counsel's inadvertence, diligent pursuit, and substantive legal issues, constitute good cause for extension of time to file notice of appeal.

Court Disposition

application granted

Orders

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