efc tz microfinance bank vs stella d munna 2021 tzhclandd 742 27 october 2021
The applicant failed to account for approximately 12 days of delay after receiving the judgment and decree copies, but the alleged illegality regarding spouse consent in the mortgage is of sufficient importance to warrant extension of time. Each case must be determined on its own merits, and in this case, the illegality raised constitutes good cause for extension.
- Citation
- efc tz microfinance bank vs stella d munna 2021 tzhclandd 742 27 october 2021
- Parties
- Applicant: EFC Tanzania Microfinance Bank Ltd; 1st Respondent: Stella Daniel Munna; 2nd Respondent: Focus B. Mbawala; 3rd Respondent: Saad M. Saad; 4th Respondent: Tanzania Quality Auction Mart Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 27 October 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Limitation Period, Illegality as Ground for Extension, Appeals Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
EFC Tanzania Microfinance Bank Ltd
Applicant
Stella Daniel Munna
1st Respondent
Focus B. Mbawala
2nd Respondent
Saad M. Saad
3rd Respondent
Tanzania Quality Auction Mart Ltd
4th Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown good cause for extension of time to appeal
- 2 Whether delay in obtaining judgment and decree copies justifies extension
- 3 Whether alleged illegality in the tribunal's decision is a sufficient ground for extension
Ratio Decidendi
The applicant failed to account for approximately 12 days of delay after receiving the judgment and decree copies, but the alleged illegality regarding spouse consent in the mortgage is of sufficient importance to warrant extension of time. Each case must be determined on its own merits, and in this case, the illegality raised constitutes good cause for extension.
Court Disposition
Application allowed
Orders
- Applicant to file intended appeal within 30 days from the date of ruling
- No order as to costs
Full Case Text
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