bashiru said mtumba vs anold peter kavishe another 2022 tzhclandd 37 7 february 2022

bashiru said mtumba vs anold peter kavishe another 2022 tzhclandd 37 7 february 2022

The applicant established sufficient cause for extension of time based on the ground of illegality, which is of sufficient importance and apparent on the face of the record, thus warranting the exercise of judicial discretion to grant the extension.

Citation
bashiru said mtumba vs anold peter kavishe another 2022 tzhclandd 37 7 february 2022
Parties
Applicant: Bashiru Said Mtumba; 1st Respondent: Anold Peter Kavishe; 2nd Respondent: Abdi Omary
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 February 2022
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Admissibility of Evidence, Stamp Duty on Sale Agreements
Source Language
English
Civil Procedure Land Law Extension of Time Illegality as Ground for Extension Admissibility of Evidence Stamp Duty on Sale Agreements

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Parties

Bashiru Said Mtumba

Applicant

Anold Peter Kavishe

1st Respondent

Abdi Omary

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave to appeal
  2. 2 Whether alleged illegality in the lower court's decision constitutes a ground for extension of time

Ratio Decidendi

The applicant established sufficient cause for extension of time based on the ground of illegality, which is of sufficient importance and apparent on the face of the record, thus warranting the exercise of judicial discretion to grant the extension.

Court Disposition

Application granted

Orders

  • Applicant granted 30 days from the date of the ruling to institute his appeal
  • Costs to be in the cause