20050217 TZHC Dar es Salaam

20050217 TZHC Dar es Salaam

The applicant was not notified of the date of judgment delivery, and the judgment copy does not show the delivery date; therefore, failure to appeal within the statutory period was due to reasonable cause, justifying extension of time.

Citation
20050217 TZHC Dar es Salaam
Parties
Applicant: Ilala Municipal Council; Respondent: Kweyambah Quaker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed
Legal Topics
Leave to Appeal Out of Time, Garnishee Orders, Judgment Execution
Source Language
English
Civil Procedure Leave to Appeal Out of Time Garnishee Orders Judgment Execution

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Parties

Ilala Municipal Council

Applicant

Kweyambah Quaker

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has shown reasonable cause for delay in filing appeal
  2. 2 Whether leave to appeal out of time should be granted

Ratio Decidendi

The applicant was not notified of the date of judgment delivery, and the judgment copy does not show the delivery date; therefore, failure to appeal within the statutory period was due to reasonable cause, justifying extension of time.

Court Disposition

Application allowed

Orders

  • Intended appeal to be filed within thirty days from the date of this ruling
  • Each party to bear its own costs