badru issa badru vs omary kilendu another 2021 tzca 87 31 march 2021

badru issa badru vs omary kilendu another 2021 tzca 87 31 march 2021

Applicant demonstrated good cause for delay due to time spent pursuing various applications and appeals; alleged illegality in High Court decision constitutes sufficient ground for extension of time.

Citation
badru issa badru vs omary kilendu another 2021 tzca 87 31 march 2021
Parties
Applicant: Badru Issa Badru; 1st Respondent: Omary Kilendu; 2nd Respondent: Hashimu Rungwe t/a H. Rungwe Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 March 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Appeals, Land Ownership Dispute
Source Language
English

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Parties

Badru Issa Badru

Applicant

Omary Kilendu

1st Respondent

Hashimu Rungwe t/a H. Rungwe Ltd

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

  1. 1 Whether applicant has shown good cause for extension of time to appeal
  2. 2 Whether alleged illegality in High Court decision constitutes good cause

Ratio Decidendi

Applicant demonstrated good cause for delay due to time spent pursuing various applications and appeals; alleged illegality in High Court decision constitutes sufficient ground for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to lodge intended appeal within sixty (60) days from date of ruling
  • Costs to be in the cause