enock kalibwani vs ayoub ramadhani others 2019 tzca 241 16 august 2019

enock kalibwani vs ayoub ramadhani others 2019 tzca 241 16 august 2019

Applicant showed good cause for extension of time, including alleged illegality, warranting exercise of discretion to grant extension for service of properly endorsed Notice of Appeal.

Source-derived case information.

Citation
enock kalibwani vs ayoub ramadhani others 2019 tzca 241 16 august 2019
Parties
Applicant: Enock Kalibwani; Respondent: Ayoub Ramadhani; Respondent: Raymond Jacob Eukana as administrator of the Deceased estate of Jacob Eukana Muro; Respondent: Yusufu Mhando
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 August 2019
Procedural Posture
Civil Application for Extension of Time / Ruling on Application for Extension of Time to Serve Properly Endorsed Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Res Judicata, Service of Documents, Illegality as Ground for Extension
Source Language
english
Civil Procedure Land Law Extension of Time Notice of Appeal Res Judicata Service of Documents Illegality as Ground for Extension

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Parties

Enock Kalibwani

Applicant

Ayoub Ramadhani

Respondent

Raymond Jacob Eukana as administrator of the Deceased estate of Jacob Eukana Muro

Respondent

Yusufu Mhando

Respondent

Procedural Posture

Civil Application for Extension of Time / Ruling on Application for Extension of Time to Serve Properly Endorsed Notice of Appeal

Legal Issues

  1. 1 Whether applicant has shown good cause for extension of time to serve properly endorsed Notice of Appeal
  2. 2 Whether alleged illegality (res judicata and judgment to a stranger) justifies extension of time

Ratio Decidendi

Applicant showed good cause for extension of time, including alleged illegality, warranting exercise of discretion to grant extension for service of properly endorsed Notice of Appeal.

Court Disposition

Application granted

Orders

  • Applicant to serve respondents with properly endorsed Notice of Appeal within fourteen (14) days from date of ruling
  • Costs in the cause