said abdallah vs juliana nghwani 2006 tzhc 278 7 november 2006

said abdallah vs juliana nghwani 2006 tzhc 278 7 november 2006

Despite the applicant's failure to show sufficient reasons for delay, the application is granted because, in the background of the case and in the interest of justice, the appeal should be heard to resolve the long-standing probate dispute.

Source-derived case information.

Citation
said abdallah vs juliana nghwani 2006 tzhc 278 7 november 2006
Parties
Applicant: Saida Abdallah; Respondent: Juliana Ng'hwani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2006
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Probate Appeals, Sufficient Cause for Delay
Source Language
english
Civil Procedure Probate and Administration Extension of Time Probate Appeals Sufficient Cause for Delay

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Summary, issues, holding and outcome

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Parties

Saida Abdallah

Applicant

Juliana Ng'hwani

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient reasons for delay in filing the appeal
  2. 2 Whether the intended appeal should be allowed out of time in the interest of justice

Ratio Decidendi

Despite the applicant's failure to show sufficient reasons for delay, the application is granted because, in the background of the case and in the interest of justice, the appeal should be heard to resolve the long-standing probate dispute.

Court Disposition

Application granted

Orders

  • Applicant to file the intended appeal within 30 days from the delivery of this ruling.
  • Each party to bear its own costs.