shaibu lameck chengula vs joyce lazalo mwinuka 2020 tzhc 1016 28 may 2020

shaibu lameck chengula vs joyce lazalo mwinuka 2020 tzhc 1016 28 may 2020

Application granted on basis of alleged irregularities in trial proceedings, allowing opportunity for appellate court to consider whether petition was properly preferred and whether applicant was duly heard.

Source-derived case information.

Citation
shaibu lameck chengula vs joyce lazalo mwinuka 2020 tzhc 1016 28 may 2020
Parties
Applicant: Shaibu Lameck Chengula; Respondent: Joyce Lazaro Mwinuka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2020
Procedural Posture
Matrimonial Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Right to Be Heard, Irregularities in Proceedings
Source Language
english
Family Law Civil Procedure Extension of Time Right to Be Heard Irregularities in Proceedings

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Summary, issues, holding and outcome

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Parties

Shaibu Lameck Chengula

Applicant

Joyce Lazaro Mwinuka

Respondent

Procedural Posture

Matrimonial Application / Ruling on Application for Extension of Time to Appeal

  1. 1 Whether sufficient reasons exist to grant leave to file appeal out of time
  2. 2 Whether procedural irregularities justify extension of time
  3. 3 Whether applicant was denied right to be heard

Ratio Decidendi

Application granted on basis of alleged irregularities in trial proceedings, allowing opportunity for appellate court to consider whether petition was properly preferred and whether applicant was duly heard.

Court Disposition

Application allowed

Orders

  • Applicant to file intended appeal within 14 days
  • Each party to bear its own costs