dalia burhan nindi vs zainab ismail msami 2023 tzca 72 27 february 2023

dalia burhan nindi vs zainab ismail msami 2023 tzca 72 27 february 2023

The applicant demonstrated sufficient cause for the delay, as she was not supplied with certified copies of the proceedings in time despite diligent efforts. The existence of conflicting decisions between the trial tribunal and the first appellate court, and the presence of triable issues, further justified the...

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Citation
dalia burhan nindi vs zainab ismail msami 2023 tzca 72 27 february 2023
Parties
Applicant: Dalia Burhan Nindi; Respondent: Zainab Ismail Msami
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2023
Procedural Posture
Civil Application / Application for Extension of Time to Lodge Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause for Delay, Conflicting Decisions, Probate Versus Land Dispute
Source Language
english
Civil Procedure Land Law Probate and Administration Extension of Time Appeal Procedure Sufficient Cause for Delay Conflicting Decisions Probate Versus Land Dispute

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Parties

Dalia Burhan Nindi

Applicant

Zainab Ismail Msami

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Lodge Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to lodge an appeal
  2. 2 Whether the delay in lodging the appeal was justified by circumstances beyond the applicant's control

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay, as she was not supplied with certified copies of the proceedings in time despite diligent efforts. The existence of conflicting decisions between the trial tribunal and the first appellate court, and the presence of triable issues, further justified the extension of time.

Court Disposition

application granted

Orders

  • Time to lodge appeal out of time is extended.
  • Appeal to be filed within twenty-one (21) days of delivery of this ruling.