ms aslam akbar khan vs ms ashraf akbar khan 2020 tzhc 4493 27 november 2020
Technical delay resulting from procedural errors in previous applications, not negligence, constitutes sufficient cause for extension of time.
- Citation
- ms aslam akbar khan vs ms ashraf akbar khan 2020 tzhc 4493 27 november 2020
- Parties
- Applicant: Ms. Aslam Akbar Khan; Respondent: Ms. Ashraf Akbar Khan; Respondent: Unnamed 2nd Respondent; Respondent: Unnamed 3rd Respondent
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 November 2020
- Procedural Posture
- Misc. Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed
- Legal Topics
- Extension of Time, Technical Delay, Ex Parte Orders, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Parties
Ms. Aslam Akbar Khan
Applicant
Ms. Ashraf Akbar Khan
Respondent
Unnamed 2nd Respondent
Respondent
Unnamed 3rd Respondent
Respondent
Procedural Posture
Misc. Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists for extension of time to apply for setting aside ex parte order
- 2 Whether technical delay and alleged illegality justify extension of time
Ratio Decidendi
Technical delay resulting from procedural errors in previous applications, not negligence, constitutes sufficient cause for extension of time.
Court Disposition
Application allowed
Orders
- Applicant to file application to set aside ex parte order within fourteen (14) days from date of ruling
Full Case Text
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