mohamed rajuu hassan vs almahri mohsen chaleb administrator of the estate of salim ally alsaad another 2018 tzhc 2194 30 august 2018

mohamed rajuu hassan vs almahri mohsen chaleb administrator of the estate of salim ally alsaad another 2018 tzhc 2194 30 august 2018

The applicant did not sleep on his right and has shown sufficient reasons for the delay, as the decree required for appeal was not available earlier. The court exercised its discretion to grant the extension of time.

Citation
mohamed rajuu hassan vs almahri mohsen chaleb administrator of the estate of salim ally alsaad another 2018 tzhc 2194 30 august 2018
Parties
Applicant: Mohamed Rajuu Hassan; 1st Respondent: Almahri Mohsen Chaleb (Administrator of the estate of the late Salim Ally Al Saad); 2nd Respondent: Fatma Salim Ally Saad (Administrator of the estate of the late Salim Ally Al Saad); 3rd Respondent: Mathias Erasto Manga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Appellate Procedure

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Parties

Mohamed Rajuu Hassan

Applicant

Almahri Mohsen Chaleb (Administrator of the estate of the late Salim Ally Al Saad)

1st Respondent

Fatma Salim Ally Saad (Administrator of the estate of the late Salim Ally Al Saad)

2nd Respondent

Mathias Erasto Manga

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for leave to appeal

Ratio Decidendi

The applicant did not sleep on his right and has shown sufficient reasons for the delay, as the decree required for appeal was not available earlier. The court exercised its discretion to grant the extension of time.

Court Disposition

Application allowed

Orders

  • Time extended for the applicant to file the intended appeal within 21 days from the date of this ruling
  • No order as to costs