stephano hussein 202 others vs the registered trustee of islamic development foundation 2021 tzhclandd 720 19 february 2021

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

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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

  1. 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