20140909 TZCA Dar es Salaam

20140909 TZCA Dar es Salaam

Ignorance of the law does not constitute a sufficient ground to excuse non-compliance with mandatory procedural requirements; the applicant's failure to file written submissions as required by Rule 106(1) cannot be excused on the basis of being a layman or semi-educated.

Citation
20140909 TZCA Dar es Salaam
Parties
Applicant: Salum Ahmada Kuangaika; Respondent: Mohamed Mussa Salum
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 September 2014
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Outcome
Reference dismissed
Legal Topics
Extension of Time, Written Submissions, Ignorance of Law
Source Language
English

Case Brief

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Parties

Salum Ahmada Kuangaika

Applicant

Mohamed Mussa Salum

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision

  1. 1 Whether failure to file written submissions due to ignorance of the law is a sufficient ground for extension of time
  2. 2 Whether the interests of justice can override mandatory procedural requirements

Ratio Decidendi

Ignorance of the law does not constitute a sufficient ground to excuse non-compliance with mandatory procedural requirements; the applicant's failure to file written submissions as required by Rule 106(1) cannot be excused on the basis of being a layman or semi-educated.

Court Disposition

Reference dismissed

Orders

  • No order as to costs