mary silverius qorro vs edith donath kweka another 2015 tzhc 2050 27 october 2015

mary silverius qorro vs edith donath kweka another 2015 tzhc 2050 27 october 2015

The applicant provided sufficient and credible reasons for the delay, namely illness, and demonstrated that the intended appeal raises substantial issues warranting the attention of the Court of Appeal. Therefore, both extension of time and leave to appeal are granted.

Citation
mary silverius qorro vs edith donath kweka another 2015 tzhc 2050 27 october 2015
Parties
Applicant: Mary Silverius Qorro; Respondent: Edith Donath Kweka; Respondent: Wilfred Stephen Kweka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Leave to Appeal, Ownership of Property, Administration of Estates
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Ownership of Property Administration of Estates

Case Brief

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Parties

Mary Silverius Qorro

Applicant

Edith Donath Kweka

Respondent

Wilfred Stephen Kweka

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for leave to appeal
  2. 2 Whether leave to appeal to the Court of Appeal should be granted

Ratio Decidendi

The applicant provided sufficient and credible reasons for the delay, namely illness, and demonstrated that the intended appeal raises substantial issues warranting the attention of the Court of Appeal. Therefore, both extension of time and leave to appeal are granted.

Court Disposition

Application allowed

Orders

  • Extension of time to apply for leave to appeal granted
  • Leave to appeal to the Court of Appeal granted