ismail rashid vs mariam msati 2011 tzhc 2163 12 december 2011

ismail rashid vs mariam msati 2011 tzhc 2163 12 december 2011

The defects in the decree were caused by the court and not the applicant, and the issues in dispute are significant and merit consideration by the Court of Appeal; therefore, sufficient cause exists to grant the application.

Citation
ismail rashid vs mariam msati 2011 tzhc 2163 12 december 2011
Parties
Appellant: Ismail Rashid; Respondent: Mariam Msati
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 2011
Procedural Posture
Civil Appeal / Application for Enlargement of Time
Outcome
application allowed
Legal Topics
Enlargement of Time, Appeal Procedure, Ownership of Land
Source Language
English
Civil Procedure Land Law Enlargement of Time Appeal Procedure Ownership of Land

Case Brief

Summary, issues, holding and outcome

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Parties

Ismail Rashid

Appellant

Mariam Msati

Respondent

Procedural Posture

Civil Appeal / Application for Enlargement of Time

Legal Issues

  1. 1 Whether the applicant should be granted enlargement of time to file notice of appeal and appeal to the Court of Appeal of Tanzania

Ratio Decidendi

The defects in the decree were caused by the court and not the applicant, and the issues in dispute are significant and merit consideration by the Court of Appeal; therefore, sufficient cause exists to grant the application.

Court Disposition

application allowed

Orders

  • Time enlarged to file notice of appeal and appeal out of time
  • Costs to abide by results of the appeal