J4

J4

The court held that the applicant demonstrated sufficient cause for extension of time based on apparent illegality in the lower court's decision, specifically the deprivation of her right to inherit due to a misrepresented deed of settlement. The illegality was clear on the face of the record, justifying the grant of extension despite the delay.

Citation
J4
Parties
Applicant: Kulthumu Jiwadi Komo; 1st Respondent: Zuhura Said Athumani; 2nd Respondent: Laya Said Athumani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Inherit, Misrepresentation, Limitation Period
Source Language
English
Civil Procedure Probate and Administration Extension of Time Illegality as Ground for Extension Right to Inherit Misrepresentation Limitation Period

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Parties

Kulthumu Jiwadi Komo

Applicant

Zuhura Said Athumani

1st Respondent

Laya Said Athumani

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal out of time
  2. 2 Whether alleged illegality in the lower court's decision justifies extension of time

Ratio Decidendi

The court held that the applicant demonstrated sufficient cause for extension of time based on apparent illegality in the lower court's decision, specifically the deprivation of her right to inherit due to a misrepresented deed of settlement. The illegality was clear on the face of the record, justifying the grant of extension despite the delay.

Court Disposition

Application granted

Orders

  • Extension of time to lodge an appeal against the decision of the District Court in Civil Appeal No. 10 of 2021 is granted
  • Appeal to be lodged within 30 days from the date of this ruling