lamla mlowe vs hamis rashid 2014 tzhc 2385 25 march 2014

lamla mlowe vs hamis rashid 2014 tzhc 2385 25 march 2014

The application for extension of time was filed prematurely as the applicant was still within the statutory 45-day period to appeal, but given her clear intention to appeal and absence of prejudice to the respondent, the court allowed the application in the interest of justice.

Citation
lamla mlowe vs hamis rashid 2014 tzhc 2385 25 march 2014
Parties
Applicant: Lamia Mlowe; Respondent: Hamis Rashid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 March 2014
Procedural Posture
Matrimonial Application for Extension of Time / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Limitation Period, Matrimonial Property Division
Source Language
English
Family Law Civil Procedure Extension of Time Appeals Limitation Period Matrimonial Property Division

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lamia Mlowe

Applicant

Hamis Rashid

Respondent

Procedural Posture

Matrimonial Application for Extension of Time / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file an appeal out of time against the division of matrimonial property

Ratio Decidendi

The application for extension of time was filed prematurely as the applicant was still within the statutory 45-day period to appeal, but given her clear intention to appeal and absence of prejudice to the respondent, the court allowed the application in the interest of justice.

Court Disposition

Application allowed

Orders

  • Applicant granted 45 days to file appeal in conformity with section 80(2) of the Law of Marriage Act
  • No order as to costs