Tanzania Judgment

TZHC

19980327 TZHC Dar es Salaam

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Professional case brief

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Source document

01

Holding and result

The delay in filing the appeal was caused by illness, supported by medical evidence, and thus constituted sufficient cause beyond the applicant's control. Extension of time is granted.

Court disposition

Application allowed

Orders

  • Appeal to be filed within thirty days from the date of this ruling
  • No order as to costs

02

Material facts

Parties

Applicant

Applicant Counsel: Mr. Taslimo

Respondent

Respondent

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Whether the applicant has shown sufficient cause for extension of time to file appeal

Party arguments

Applicant
Applicant argued that she was unable to file the appeal in time due to illness, having contracted cholera and malaria while traveling to file the appeal. Medical evidence was provided to support this claim.
Respondent
No argument presented; respondent absent.

05

Court’s reasoning

  1. 01

    General principles of civil procedure

    Extension of time may be granted where delay is caused by circumstances beyond the applicant's control and sufficient cause is shown.

06

Ratio, limits and disposition

Ratio decidendi

The delay in filing the appeal was caused by illness, supported by medical evidence, and thus constituted sufficient cause beyond the applicant's control. Extension of time is granted.

Court disposition

Application allowed

  • Appeal to be filed within thirty days from the date of this ruling
  • No order as to costs

Source and reliance status

TZHC · 27 March 1998

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Judgment text

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Source document

TZHC

Judgment· 27 March 1998

19980327 TZHC Dar es Salaam

--- ___ AT :}-.J ._._ __..,.... SS ,;-\L'.l\,M This is an applic::ti011 for exbntion of tj_;'.:c ·-.rit' 0 in ··•hicll to appeal~ J\.ccordin - to V1" su-r,r,ortL, - 0vi ·o 1c0 ~~1'" Rj_:plica.nt fell sick as she was tr.:wellin.---: to 'l2.T eG GE,l.=taP1 to file ;1cr e.'._J1_10al~ There i:3 11edical cvi'.lenc0 t',.1.t G:1::, cc):1b.·acte-l choter," .3.nd nalaria so-::n after she had rccovere:l fr0·: c 1ol•2r<i.. 1 .Sb~ lv2.s a.-1.t1i tte :1. to v2rious dispensaries w!1cre she was treated. I e.n therc.,"c,;_·0 r:,-:-tisfi.'.3-.: t .1:1t tl,o 'el~~r to file ti1e appeal 1 in tir.1e 1-.,as · caus<?d :',y circui,1stanceG ,_1eyon·1 10::· :: ,:~r;;::-1. 1 The application iG ;:,_1_7_0 ·!c.l 2.s --~.- yed. 1 0 •• k,··":,: -~o 1,c filed within thirty days of this <la.to. I!o oi· le+ lo:.' ccsb is ,JG.c~e. Delivered. _c~-~-).qf 27/1/19')3 Mr. Taslimo., . '\.ctvchc-3.te: For Ap-plic,:.nt /\.bsent: For Respondent. ', I

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