20050725 TZHC Dar es Salaam 1

20050725 TZHC Dar es Salaam 1

The applicant's delay of over four months after release from prison was not unreasonable given the time required to obtain court documents and legal aid; therefore, leave to appeal out of time is granted.

Citation
20050725 TZHC Dar es Salaam 1
Parties
Applicant: Said Omary; Respondent: Athuman Rashid; Respondent: Stamili Omary; Respondent: Hassan Omary; Respondent: Sud Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Probate, Delay in Filing Appeal
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Probate Delay in Filing Appeal

Case Brief

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Parties

Said Omary

Applicant

Athuman Rashid

Respondent

Stamili Omary

Respondent

Hassan Omary

Respondent

Sud Omary

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant unreasonably delayed in filing the application for leave to appeal out of time
  2. 2 Whether sufficient cause was shown for the delay

Ratio Decidendi

The applicant's delay of over four months after release from prison was not unreasonable given the time required to obtain court documents and legal aid; therefore, leave to appeal out of time is granted.

Court Disposition

Application granted

Orders

  • Applicant allowed to file appeal within thirty days from the date of the ruling
  • Each party to bear its own costs