20170303 TZCA Arusha

20170303 TZCA Arusha

The applicant demonstrated sufficient cause for delay, as the inability to obtain all exhibits from the High Court was beyond her control and made timely filing of the appeal impossible. The court's discretion to extend time was exercised in the applicant's favor, limited to the statutory period prescribed by law.

Citation
20170303 TZCA Arusha
Parties
Applicant: Alliance Insurance Corporation; Respondent: Arusha Art Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 March 2017
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Court Discretion, Missing Court Records
Source Language
English
Civil Procedure Extension of Time Appeals Court Discretion Missing Court Records

Case Brief

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Parties

Alliance Insurance Corporation

Applicant

Arusha Art Limited

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal due to missing exhibits from the High Court record

Ratio Decidendi

The applicant demonstrated sufficient cause for delay, as the inability to obtain all exhibits from the High Court was beyond her control and made timely filing of the appeal impossible. The court's discretion to extend time was exercised in the applicant's favor, limited to the statutory period prescribed by law.

Court Disposition

Application allowed

Orders

  • Applicant granted sixty (60) days from the date of the ruling to file the intended appeal
  • No order as to costs