20050204 TZCA Dar es Salaam

20050204 TZCA Dar es Salaam

The applicant demonstrated diligence and the delay was beyond his control due to the Registrar's delay in supplying documents. The intended appeal raises arguable points. Rule 83 does not apply to applications for leave. Extension of time and leave to appeal are granted.

Citation
20050204 TZCA Dar es Salaam
Parties
Applicant: Deusdedit Kisisiwe; Respondent: Protaz Bilauri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 February 2005
Procedural Posture
Civil Application / Application for Extension of Time and Leave to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Leave to Appeal, Supervisory Jurisdiction, Revision Vs. Appeal
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Supervisory Jurisdiction Revision Vs. Appeal

Case Brief

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Parties

Deusdedit Kisisiwe

Applicant

Protaz Bilauri

Respondent

Procedural Posture

Civil Application / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether sufficient reason exists for extension of time to apply for leave to appeal
  2. 2 Whether the intended appeal raises arguable points of law
  3. 3 Whether Rule 83 of the Court Rules, 1979 applies to applications for leave

Ratio Decidendi

The applicant demonstrated diligence and the delay was beyond his control due to the Registrar's delay in supplying documents. The intended appeal raises arguable points. Rule 83 does not apply to applications for leave. Extension of time and leave to appeal are granted.

Court Disposition

Application allowed

Orders

  • Leave granted to the applicant to appeal to the Court of Appeal against the decision of Bubeshi, J. dated 8th February, 2001
  • Each party to bear their own costs