mohamed masud issa vs hamira hassan 2008 tzhc 44 3 october 2008

mohamed masud issa vs hamira hassan 2008 tzhc 44 3 october 2008

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.

Citation
mohamed masud issa vs hamira hassan 2008 tzhc 44 3 october 2008
Parties
Applicant: Mohamed Masud Issa; Respondent: Hamira Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 October 2008
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

Case Brief

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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 a month from the date of ruling
  • Each party to bear own costs