omary shaban vs ivan e lyimo 2020 tzhc 4569 11 december 2020
The applicant demonstrated sufficient cause for delay due to illness and delay in obtaining judgment documents, acted promptly upon receipt, and raised arguable points of law including alleged illegalities. Extension of time is granted.
- Citation
- omary shaban vs ivan e lyimo 2020 tzhc 4569 11 december 2020
- Parties
- Applicant: Omary Shabani; Respondent: Ivan E. Lyimo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Delay Due to Illness, Delay in Obtaining Judgment Documents, Illegality of Decision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Omary Shabani
Applicant
Ivan E. Lyimo
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file appeal
- 2 Whether applicant's illness and delay in obtaining judgment documents constitute good reasons for delay
- 3 Whether alleged illegalities in the tribunal's decision justify extension
Ratio Decidendi
The applicant demonstrated sufficient cause for delay due to illness and delay in obtaining judgment documents, acted promptly upon receipt, and raised arguable points of law including alleged illegalities. Extension of time is granted.
Court Disposition
Application granted
Orders
- Applicant given twenty one (21) days from date of ruling to file intended appeal
- No order as to costs
Full Case Text
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