crdb bank plc vs rehema hassan and another 2020 tzhc 4374 15 december 2020

crdb bank plc vs rehema hassan and another 2020 tzhc 4374 15 december 2020

Applicant failed to demonstrate good cause for extension of time; delay was inordinate and not excused by advocate's negligence or alleged court delay; claimed illegality was not apparent on the face of the record.

Citation
crdb bank plc vs rehema hassan and another 2020 tzhc 4374 15 december 2020
Parties
Applicant: CRDB Bank PLC; 1st Respondent: Rehema Hassan; 2nd Respondent: Hussein Ismail Magera
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Limitation Period, Mortgage, Spousal Consent
Source Language
English

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Parties

CRDB Bank PLC

Applicant

Rehema Hassan

1st Respondent

Hussein Ismail Magera

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

  1. 1 whether the applicant demonstrated good cause for extension of time to appeal
  2. 2 whether negligence of advocate and delay in obtaining judgment constitute good cause
  3. 3 whether alleged illegality in trial court's decision justifies extension

Ratio Decidendi

Applicant failed to demonstrate good cause for extension of time; delay was inordinate and not excused by advocate's negligence or alleged court delay; claimed illegality was not apparent on the face of the record.

Court Disposition

application dismissed with costs

Orders

  • application for extension of time is dismissed
  • costs awarded to respondents