gabriel joseph vs ambrose gwasi mukhoi and two others i 2021 tzhc 4069 30 june 2021

gabriel joseph vs ambrose gwasi mukhoi and two others i 2021 tzhc 4069 30 june 2021

Extension of time granted because alleged illegality in the prior ruling is apparent on the face of the record and both advocates agree it exists; financial hardship and settlement negotiations are not sufficient grounds.

Citation
gabriel joseph vs ambrose gwasi mukhoi and two others i 2021 tzhc 4069 30 june 2021
Parties
Applicant: Gabriel Joseph; 1st Respondent: Ambrose Gwasi Mukhoi; 2nd Respondent: Chrispinus Maswi Mukhoi; 3rd Respondent: Ferdinand Joseph Mukhoi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Jurisdiction, Administration of Estates
Source Language
English
Civil Procedure Probate Extension of Time Jurisdiction Administration of Estates

Case Brief

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Parties

Gabriel Joseph

Applicant

Ambrose Gwasi Mukhoi

1st Respondent

Chrispinus Maswi Mukhoi

2nd Respondent

Ferdinand Joseph Mukhoi

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient grounds exist to extend time for filing notice of appeal
  2. 2 Whether financial hardship and settlement negotiations constitute good cause for delay
  3. 3 Whether alleged illegality in the prior ruling justifies extension

Ratio Decidendi

Extension of time granted because alleged illegality in the prior ruling is apparent on the face of the record and both advocates agree it exists; financial hardship and settlement negotiations are not sufficient grounds.

Court Disposition

Application allowed

Orders

  • Time extended to file notice of appeal
  • Costs to be in due course