zahara kitindi another vs juma swalehe others 2017 tzca 196 3 march 2017

zahara kitindi another vs juma swalehe others 2017 tzca 196 3 march 2017

The court overruled the preliminary objection, finding exceptional circumstances and no prejudice to respondents, and exercised its discretion under rule 106(19) to waive the requirement for written submissions. The applicants demonstrated sufficient cause for delay, characterized as technical delay, and acted promptly after prior applications were struck out. Extension of time was granted for filing the application for stay of execution.

Citation
zahara kitindi another vs juma swalehe others 2017 tzca 196 3 march 2017
Parties
Applicant: Zahara Kitindi; Applicant: Dominic B. Francis; Respondent: Juma Swalehe; Respondent: Ramla Juma Swalehe; Respondent: Baraka Juma Swalehe; Respondent: Athumani Juma Swalehe; Respondent: Bisula Juma Swalehe; Respondent: Salim Juma Swalehe; Respondent: Aziza Juma Swalehe; Respondent: Ramadhani Juma Swalehe; Respondent: Rashid Juma Swalehe; Respondent: Ashura Juma Walehe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 March 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application allowed
Legal Topics
Extension of Time, Stay of Execution, Preliminary Objection, Technical Delay
Source Language
English
Civil Procedure Extension of Time Stay of Execution Preliminary Objection Technical Delay

Case Brief

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Parties

Zahara Kitindi

Applicant

Dominic B. Francis

Applicant

Juma Swalehe

Respondent

Ramla Juma Swalehe

Respondent

Baraka Juma Swalehe

Respondent

Athumani Juma Swalehe

Respondent

Bisula Juma Swalehe

Respondent

Salim Juma Swalehe

Respondent

Aziza Juma Swalehe

Respondent

Ramadhani Juma Swalehe

Respondent

Rashid Juma Swalehe

Respondent

Ashura Juma Walehe

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions in support of the application mandates dismissal under rule 106(1) and (9) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether exceptional circumstances exist to warrant exercise of discretion under rule 106(19)
  3. 3 Whether sufficient cause was shown for extension of time to file application for stay of execution

Ratio Decidendi

The court overruled the preliminary objection, finding exceptional circumstances and no prejudice to respondents, and exercised its discretion under rule 106(19) to waive the requirement for written submissions. The applicants demonstrated sufficient cause for delay, characterized as technical delay, and acted promptly after prior applications were struck out. Extension of time was granted for filing the application for stay of execution.

Court Disposition

application allowed

Orders

  • Applicants to file intended application for stay of execution within sixty (60) days of delivery of this ruling.
  • No order as to costs.