shabbir gulamabbas nathan vs sajjad ibrahim dharamsi another 2023 tzca 17889 23 november 2023

shabbir gulamabbas nathan vs sajjad ibrahim dharamsi another 2023 tzca 17889 23 november 2023

Since consideration of the best interest of a child is a condition precedent for a grant of an order of custody, and the child being a non-party to the proceeding, whether the principle was correctly applied or not raises an issue of illegality which justifies extension of time.

Citation
shabbir gulamabbas nathan vs sajjad ibrahim dharamsi another 2023 tzca 17889 23 november 2023
Parties
Applicant: Shabbir Gulamabbas Nathani; 1st Respondent: Sajjad Ibrahim Dharamsi; 2nd Respondent: Ally Jawad Gulamabbas Jivraj
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 November 2023
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application granted
Legal Topics
Child Custody, Extension of Time, Best Interest of the Child, Illegality as Ground for Extension
Source Language
English
Family Law Child Law Civil Procedure Child Custody Extension of Time Best Interest of the Child Illegality as Ground for Extension

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Parties

Shabbir Gulamabbas Nathani

Applicant

Sajjad Ibrahim Dharamsi

1st Respondent

Ally Jawad Gulamabbas Jivraj

2nd Respondent

Procedural Posture

Civil Application / 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 a notice of appeal
  2. 2 Whether alleged illegality in the High Court's decision justifies extension of time

Ratio Decidendi

Since consideration of the best interest of a child is a condition precedent for a grant of an order of custody, and the child being a non-party to the proceeding, whether the principle was correctly applied or not raises an issue of illegality which justifies extension of time.

Court Disposition

application granted

Orders

  • The applicant is granted extension of time to file a notice of appeal within 10 days from the date of the ruling.
  • No order as to costs.