dadu kidendei vs shadia salehe kanani 2021 tzhc 3539 31 may 2021

dadu kidendei vs shadia salehe kanani 2021 tzhc 3539 31 may 2021

The applicant was supplied with the requisite copy of the impugned judgment late, which justified extension of time, but the alleged points of illegality did not raise issues of general importance or law warranting leave to appeal. The application lacked merit and was dismissed with costs.

Citation
dadu kidendei vs shadia salehe kanani 2021 tzhc 3539 31 may 2021
Parties
Applicant: Dadu Kidendei; 1st Respondent: National Microfinance Bank PLC; 2nd Respondent: Shadia Salehe Kanani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Illegality as Ground for Extension, Execution of Decree
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Illegality as Ground for Extension Execution of Decree

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Parties

Dadu Kidendei

Applicant

National Microfinance Bank PLC

1st Respondent

Shadia Salehe Kanani

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether sufficient grounds exist for extension of time to apply for leave to appeal
  2. 2 Whether the application raises issues of general importance or noble points of law warranting determination by the Court of Appeal

Ratio Decidendi

The applicant was supplied with the requisite copy of the impugned judgment late, which justified extension of time, but the alleged points of illegality did not raise issues of general importance or law warranting leave to appeal. The application lacked merit and was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time and leave to appeal is dismissed with costs