mohamed masud issa vs hamira hassan 2006 tzhc 134 3 october 2006

mohamed masud issa vs hamira hassan 2006 tzhc 134 3 october 2006

The applicant had earlier lodged his appeal within time, but the documents were misplaced by the court clerk and the appeal was struck out. These facts constitute sufficient cause for the delay in filing the appeal.

Source-derived case information.

Citation
mohamed masud issa vs hamira hassan 2006 tzhc 134 3 october 2006
Parties
Applicant: Mohamed Masud Issa; Respondent: Hamira Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 2006
Procedural Posture
Misc. Civil Application / Ruling on Application for Enlargement of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Probate
Source Language
english
Civil Procedure Extension of Time Appeals Probate

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mohamed Masud Issa

Applicant

Hamira Hassan

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Enlargement of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant enlargement of time to appeal against the decision of the District Court of Kinondoni in Probate Cause No. 60 of 2000

Ratio Decidendi

The applicant had earlier lodged his appeal within time, but the documents were misplaced by the court clerk and the appeal was struck out. These facts constitute sufficient cause for the delay in filing the appeal.

Court Disposition

Application granted

Orders

  • Applicant to lodge appeal within one month from the date of ruling
  • Each party to bear own costs