SADARBIBI RULING FINAL 1

SADARBIBI RULING FINAL 1

The applicant accounted for the delay from the date of judgment to the date she became aware of it and until she obtained the judgment copy. The remaining 15 days were not inordinate and were reasonably used to prepare the application. The applicant exercised diligence, and the delay was not inordinate. No apparent illegality was found on the face of the record.

Citation
SADARBIBI RULING FINAL 1
Parties
Applicant: Sadarbibi Mohamed Haji; 1st Respondent: Zulfikar Mohamed Haji; 2nd Respondent: Sharifa Zam
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 June 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Probate Appeal, Delay in Filing Notice of Appeal, Sufficient Cause for Delay
Source Language
English
Civil Procedure Probate and Administration Extension of Time Probate Appeal Delay in Filing Notice of Appeal Sufficient Cause for Delay

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Sadarbibi Mohamed Haji

Applicant

Zulfikar Mohamed Haji

1st Respondent

Sharifa Zam

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal out of time
  2. 2 Whether the delay was inordinate or justified
  3. 3 Whether illegality is apparent on the face of the record

Ratio Decidendi

The applicant accounted for the delay from the date of judgment to the date she became aware of it and until she obtained the judgment copy. The remaining 15 days were not inordinate and were reasonably used to prepare the application. The applicant exercised diligence, and the delay was not inordinate. No apparent illegality was found on the face of the record.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal within 14 days of the ruling
  • No order as to costs