issa mohamed huduma vs latifa ibrahim 2023 tzhc 22236 16 october 2023

issa mohamed huduma vs latifa ibrahim 2023 tzhc 22236 16 october 2023

The appeal is not maintainable as it challenges an interlocutory order that did not finally determine the rights of the parties; no sufficient proof was provided that execution proceedings were instituted; the remaining grounds are dismissed as they do not meet the threshold for appealability.

Citation
issa mohamed huduma vs latifa ibrahim 2023 tzhc 22236 16 october 2023
Parties
Appellant: Issa Mohamed Huduma; Respondent: Latifa Ibrahim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeals, Matrimonial Proceedings, Interlocutory Orders
Source Language
English

Case Brief

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Parties

Issa Mohamed Huduma

Appellant

Latifa Ibrahim

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the district court erred in granting extension of time to appeal out of time
  2. 2 Whether the respondent provided sufficient cause for delay
  3. 3 Whether execution proceedings were instituted before seeking extension of time

Ratio Decidendi

The appeal is not maintainable as it challenges an interlocutory order that did not finally determine the rights of the parties; no sufficient proof was provided that execution proceedings were instituted; the remaining grounds are dismissed as they do not meet the threshold for appealability.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in entirety
  • No order as to costs