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
Summary, issues, holding and outcome
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Parties
Issa Mohamed Huduma
Appellant
Latifa Ibrahim
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the district court erred in granting extension of time to appeal out of time
- 2 Whether the respondent provided sufficient cause for delay
- 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
Full Case Text
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