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The existence of apparent illegality in the appellate court's failure to nullify the trial proceedings and order a retrial, instead entering judgment for the respondents, constitutes sufficient cause to grant extension of time to appeal.

Citation
1
Parties
Applicant: Abdul Timbulo; 1st Respondent: Weja Jami; 2nd Respondent: Kapama Mwayonga; 3rd Respondent: Tuli Mwandu; 4th Respondent: Masunga Kulwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 October 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Bias of Judicial Officer, Proper Appellate Orders
Source Language
English
Civil Procedure Extension of Time Illegality as Ground for Extension Bias of Judicial Officer Proper Appellate Orders

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Parties

Abdul Timbulo

Applicant

Weja Jami

1st Respondent

Kapama Mwayonga

2nd Respondent

Tuli Mwandu

3rd Respondent

Masunga Kulwa

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists for extension of time to appeal out of time
  2. 2 Whether illegality in the lower court's decision constitutes good cause for extension of time

Ratio Decidendi

The existence of apparent illegality in the appellate court's failure to nullify the trial proceedings and order a retrial, instead entering judgment for the respondents, constitutes sufficient cause to grant extension of time to appeal.

Court Disposition

Application granted

Orders

  • Applicant given thirty (30) days from date of ruling to lodge intended appeal
  • Costs to be in the cause