20140717 TZHC Songea

20140717 TZHC Songea

The applicant failed to show sufficient cause for the delay, as the delay in applying for the copy of judgment was unjustified and obtaining the judgment copy was not a legal requirement for filing the appeal.

Citation
20140717 TZHC Songea
Parties
Applicant: Ambela Athuman; Respondent: Rashidi Mohamed Sakele
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 July 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to File Appeal Out of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Limitation Period
Source Language
English
Civil Procedure Land Law Extension of Time Appeal Procedure Limitation Period

Case Brief

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Parties

Ambela Athuman

Applicant

Rashidi Mohamed Sakele

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether delay in applying for a copy of judgment constitutes sufficient reason for extension

Ratio Decidendi

The applicant failed to show sufficient cause for the delay, as the delay in applying for the copy of judgment was unjustified and obtaining the judgment copy was not a legal requirement for filing the appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs