20190531 TZHC Dar es Salaam1

20190531 TZHC Dar es Salaam1

The delay in filing for extension was occasioned by the disappearance of the court file, which was not the fault of the appellants; therefore, refusal of extension was unjustified and the appeal is allowed.

Citation
20190531 TZHC Dar es Salaam1
Parties
Appellant: Godson Shemboni; Appellant: Beatrice Godson Shemboni; Respondent: Mohamed Hamis; Respondent: Asha Abdisalam; Respondent: Nsombo & Co Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2019
Procedural Posture
PC Civil Appeal / Judgment on Appeal From Refusal of Extension of Time and Revision
Outcome
Appeal allowed
Legal Topics
Extension of Time, Revision, Jurisdiction, Sale of Immovable Property, Court File Disappearance
Source Language
English
Civil Procedure Probate Property Law Extension of Time Revision Jurisdiction Sale of Immovable Property Court File Disappearance

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Parties

Godson Shemboni

Appellant

Beatrice Godson Shemboni

Appellant

Mohamed Hamis

Respondent

Asha Abdisalam

Respondent

Nsombo & Co Ltd

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Appeal From Refusal of Extension of Time and Revision

Legal Issues

  1. 1 Whether the District Court erred in refusing extension of time due to alleged inordinate delay
  2. 2 Whether the District Court erred in not entertaining revision of Primary Court proceedings
  3. 3 Whether the sale of the appellants' house was conducted lawfully

Ratio Decidendi

The delay in filing for extension was occasioned by the disappearance of the court file, which was not the fault of the appellants; therefore, refusal of extension was unjustified and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Order of District Court denying extension quashed and set aside
  • Application for extension granted