20180525 TZHC Dar es Salaam

20180525 TZHC Dar es Salaam

The applicant prosecuted her appeal and applications for extension of time diligently and in good faith in courts lacking jurisdiction. Section 21(2) of Cap 89 requires exclusion of such time, and the applicant cannot be penalized for procedural errors made in good faith, even with legal aid. Discretion is exercised to grant the extension.

Citation
20180525 TZHC Dar es Salaam
Parties
Applicant: Rosena P Mmbando; Respondent: Judicamremi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 May 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Matrimonial Proceedings, Jurisdiction
Source Language
English
Civil Procedure Family Law Extension of Time Appeal Procedure Matrimonial Proceedings Jurisdiction

Case Brief

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Parties

Rosena P Mmbando

Applicant

Judicamremi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time

Ratio Decidendi

The applicant prosecuted her appeal and applications for extension of time diligently and in good faith in courts lacking jurisdiction. Section 21(2) of Cap 89 requires exclusion of such time, and the applicant cannot be penalized for procedural errors made in good faith, even with legal aid. Discretion is exercised to grant the extension.

Court Disposition

Application granted

Orders

  • Applicant to lodge her memorandum of appeal in the District Court within thirty days from the date of the ruling.
  • Each party to bear their own costs.