stephano hussein 202 others vs the registered trustee of islamic development foundation 2021 tzhclandd 720 19 february 2021
Prosecuting an incompetent appeal, where there is no evidence of negligence and the appeal was filed on time, constitutes sufficient cause for extension of time to appeal. The applicants cannot be presumed not to have been parties solely because their names were not listed, given the record's ambiguity.
- Citation
- stephano hussein 202 others vs the registered trustee of islamic development foundation 2021 tzhclandd 720 19 february 2021
- Parties
- Applicants: Stephano Hussen and 202 Others; Respondent: The Registered Trustees of Islamic Development Foundation
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Sufficient Cause for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stephano Hussen and 202 Others
Applicants
The Registered Trustees of Islamic Development Foundation
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicants have shown sufficient cause for extension of time to appeal against the decision of the District Land and Housing Tribunal for Kibaha
Ratio Decidendi
Prosecuting an incompetent appeal, where there is no evidence of negligence and the appeal was filed on time, constitutes sufficient cause for extension of time to appeal. The applicants cannot be presumed not to have been parties solely because their names were not listed, given the record's ambiguity.
Court Disposition
Application granted
Orders
- Applicants to file their appeal within 14 days from the date of extraction of the drawn order
- No order as to costs
Full Case Text
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