19970128 TZHC Dar es Salaam

Leave to file notice of appeal out of time is granted as unopposed and in the interests of justice. Leave to appeal is granted because the applicants were condemned for fraud without being heard, violating the right to be heard, and there is an arguable case for the Court of Appeal.

Citation: 19970128 TZHC Dar es Salaam
Parties: Plaintiff: Frank Gabriel Chande; Defendant/first Applicant: Registrar of Titles; Defendant/second Applicant: Saidi Saidi; Defendant/third Applicant: John Chando
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 January 1997
Procedural Posture: Civil / Ruling on Consolidated Chamber Applications for Extension of Time and Leave to Appeal
Outcome: Applications granted
Legal Topics: Extension of Time, Leave to Appeal, Fraud, Right to Be Heard, Preliminary Objections
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Fraud Right to Be Heard Preliminary Objections

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Parties

Frank Gabriel Chande

Plaintiff

Registrar of Titles

Defendant/first Applicant

Saidi Saidi

Defendant/second Applicant

John Chando

Defendant/third Applicant

Procedural Posture

Civil / Ruling on Consolidated Chamber Applications for Extension of Time and Leave to Appeal

Legal Issues

1 Whether extension of time should be granted to file notice of appeal out of time
2 Whether leave to appeal to the Court of Appeal should be granted
3 Whether the applicants were condemned for fraud without being heard

Ratio Decidendi

Court Disposition

Applications granted

Orders

Leave granted to the Registrar of Titles to file notice of appeal out of time on or before 5th February 1997
Leave granted to Saidi Saidi and John Chando to appeal to the Court of Appeal