donatian l katabaro vs helena katabaro another 2018 tzhc 2466 16 march 2018

Existence of a point of law of sufficient importance, specifically the alleged illegality regarding the trial court's jurisdiction, constitutes sufficient reason to grant extension of time to appeal.

Citation: donatian l katabaro vs helena katabaro another 2018 tzhc 2466 16 march 2018
Parties: Applicant: Donatian L. Katabaro; 1st Respondent: Helena Katabaro; 2nd Respondent: Lawrence Kaijage Katabaro
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 March 2018
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Jurisdiction, Illegality as Ground for Extension, Appeals
Source Language: English

Civil Procedure Extension of Time Jurisdiction Illegality as Ground for Extension Appeals

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Parties

Donatian L. Katabaro

Applicant

Helena Katabaro

1st Respondent

Lawrence Kaijage Katabaro

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Appeal

Legal Issues

1 Whether sufficient reasons exist to grant extension of time to file an appeal
2 Whether illegality in the trial court's decision constitutes sufficient reason for extension of time

Ratio Decidendi

Existence of a point of law of sufficient importance, specifically the alleged illegality regarding the trial court's jurisdiction, constitutes sufficient reason to grant extension of time to appeal.

Court Disposition

Application granted

Orders

Applicant granted thirty (30) days from the date of the ruling to file intended appeal
No order as to costs