20060614 TZCA Dar es Salaam2

The Court found that the applicant's challenge to the validity of the sale of the property, based on the alleged unsoundness of mind of the vendor, constituted a sufficient ground to allow the application for extension of time to apply for leave to appeal.

Citation: 20060614 TZCA Dar es Salaam2
Parties: Applicant: Rehema Shomari; Respondent: Omari A. Bafagih
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 June 2006
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Leave to Appeal, Capacity to Contract, Sale of Property
Source Language: English

Civil Procedure Property Law Extension of Time Leave to Appeal Capacity to Contract Sale of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

Rehema Shomari

Applicant

Omari A. Bafagih

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Leave to Appeal

Legal Issues

1 Whether sufficient grounds exist to extend time for applying for leave to appeal against the High Court decision
2 Whether the applicant has a legal interest in the disputed property due to alleged incapacity of the vendor

Ratio Decidendi

Court Disposition

Application granted

Orders

Leave to apply for leave to appeal to the Court of Appeal against the decision in Civil Appeal No. 185 of 2001 is granted.
Extension of time to appeal against the decision in Civil Appeal No. 185 of 2001 is granted.