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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 whether the applicant demonstrated good cause for extension of time to appeal
- 2 whether negligence of advocate and delay in obtaining judgment constitute good cause
- 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
Full Case Text
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