20080403 TZHC Mtwara

20080403 TZHC Mtwara

The application is incompetent for failure to cite the enabling provision of law and is further fatally defective due to an invalid affidavit. Ignorance of law and lack of means are not sufficient reasons to extend time to appeal.

Citation
20080403 TZHC Mtwara
Parties
Applicant: Alli Mtumbuka; Respondent: Omari Limbimungu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 April 2008
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Affidavit Defects, Ignorance of Law
Source Language
English
Civil Procedure Extension of Time Appeals Affidavit Defects Ignorance of Law

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Parties

Alli Mtumbuka

Applicant

Omari Limbimungu

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the application for extension of time to appeal is competent without citing the enabling provision
  2. 2 Whether the supporting affidavit is valid
  3. 3 Whether ignorance of law and lack of means constitute sufficient cause for extension of time

Ratio Decidendi

The application is incompetent for failure to cite the enabling provision of law and is further fatally defective due to an invalid affidavit. Ignorance of law and lack of means are not sufficient reasons to extend time to appeal.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs