iddi shabani vs hamisi shabani 2015 tzhc 2045 27 may 2015

iddi shabani vs hamisi shabani 2015 tzhc 2045 27 may 2015

The applicant provided sufficient reasons for the delay, as the error in the case number was beyond his control and was only rectified after the appeal period expired. The intended appeal has chances of success.

Citation
iddi shabani vs hamisi shabani 2015 tzhc 2045 27 may 2015
Parties
Applicant: Iddi Shabani; Respondent: Hamisi Shabani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 May 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Sufficient Cause for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Sufficient Cause for Delay

Case Brief

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Parties

Iddi Shabani

Applicant

Hamisi Shabani

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant furnished sufficient reasons for delay in filing the appeal
  2. 2 Whether the error in the case number constituted sufficient cause for extension of time

Ratio Decidendi

The applicant provided sufficient reasons for the delay, as the error in the case number was beyond his control and was only rectified after the appeal period expired. The intended appeal has chances of success.

Court Disposition

Application allowed

Orders

  • Applicant to file appeal within fourteen days from the date of ruling
  • Costs to follow the event