hassan sariko vs shakira hashim 2023 tzhc 23437 22 disemba 2023

hassan sariko vs shakira hashim 2023 tzhc 23437 22 disemba 2023

The applicant failed to account for the delay with specific dates and evidence, but the existence of a potentially illegal decision—namely, the failure to refer the matrimonial dispute to the Marriage Conciliation Board as required by law—constitutes sufficient reason to grant extension of time to appeal.

Source-derived case information.

Citation
hassan sariko vs shakira hashim 2023 tzhc 23437 22 disemba 2023
Parties
Applicant: Hassani Sariko; Respondent: Shakira Hashim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Be Heard, Illegality of Decision
Source Language
english
Family Law Civil Procedure Extension of Time Ex Parte Judgment Right to Be Heard Illegality of Decision

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Parties

Hassani Sariko

Applicant

Shakira Hashim

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal against an ex parte judgment in matrimonial proceedings
  2. 2 Whether failure to be heard and alleged illegality in the original proceedings justify extension of time

Ratio Decidendi

The applicant failed to account for the delay with specific dates and evidence, but the existence of a potentially illegal decision—namely, the failure to refer the matrimonial dispute to the Marriage Conciliation Board as required by law—constitutes sufficient reason to grant extension of time to appeal.

Court Disposition

Application allowed

Orders

  • Applicant granted 14 days from date of ruling to file appeal
  • Each party to bear own costs