mustafa kimaro vs mariam hamis maftaha 2019 tzhclandd 43 30 september 2019
The applicant is entitled to exclusion of the period between delivery of judgment and the date the copy was made available; the application was filed within the permissible period after obtaining the judgment, thus sufficient cause is established for extension of time.
- Citation
- mustafa kimaro vs mariam hamis maftaha 2019 tzhclandd 43 30 september 2019
- Parties
- Applicant: Mustafa Kimaro; Respondent: Mariam Hamisi Maftaha
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2019
- Procedural Posture
- Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted with costs.
- Legal Topics
- Extension of Time, Appeal Procedure, Limitation Period
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mustafa Kimaro
Applicant
Mariam Hamisi Maftaha
Respondent
Procedural Posture
Miscellaneous Land Application (extension of Time) / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file an appeal
- 2 Whether delay in obtaining a copy of judgment justifies extension
Ratio Decidendi
The applicant is entitled to exclusion of the period between delivery of judgment and the date the copy was made available; the application was filed within the permissible period after obtaining the judgment, thus sufficient cause is established for extension of time.
Court Disposition
Application granted with costs.
Orders
- Applicant to file intended appeal within 30 days from the date of this ruling.
Full Case Text
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