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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether applicant has shown good cause for extension of time to appeal
- 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
Full Case Text
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