yusufu same another vs hadija yusufu 2006 tzca 141 20 october 2006
The cumulative circumstances, including the respondent's reliance on legal aid, her counsel's error, and her financial and logistical difficulties, constituted sufficient cause for delay; thus, the High Court properly exercised its discretion in granting extension of time.
- Citation
- yusufu same another vs hadija yusufu 2006 tzca 141 20 october 2006
- Parties
- Appellant: Yusufu Same; Appellant: Hawa Dada; Respondent: Hadija Yusuf
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 2006
- Procedural Posture
- Civil Appeal / Appeal From High Court Ruling on Extension of Time
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Probate and Administration, Limitation of Actions, Discretion of Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Yusufu Same
Appellant
Hawa Dada
Appellant
Hadija Yusuf
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Ruling on Extension of Time
Legal Issues
- 1 Whether sufficient cause was shown for extension of time to apply for leave to appeal
- 2 Whether negligence of counsel constitutes sufficient cause for extension of time
- 3 Whether financial constraints and logistical difficulties constitute sufficient cause for delay
Ratio Decidendi
The cumulative circumstances, including the respondent's reliance on legal aid, her counsel's error, and her financial and logistical difficulties, constituted sufficient cause for delay; thus, the High Court properly exercised its discretion in granting extension of time.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment