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

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

Existence of a question of illegality regarding the trial court's jurisdiction over the parentage matter constitutes sufficient reason to grant extension of time to appeal, even though applicant failed to satisfactorily account for the delay.

Citation
donatian l katabaro vs helena katabaro another 2018 tzhc 16 16 march 2018
Parties
Applicant: Donatian L. Katabaro; Respondent: Helena Katabaro; 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 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

Respondent

Lawrence Kaijage Katabaro

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Existence of a question of illegality regarding the trial court's jurisdiction over the parentage matter constitutes sufficient reason to grant extension of time to appeal, even though applicant failed to satisfactorily account for the delay.

Court Disposition

Application granted

Orders

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