abraham gabriel uiso vs catherine melkizedeki laiser 2006 tzhc 279 6 april 2006

Applicant demonstrated sufficient cause for delay due to reasonable belief regarding limitation period and divided judicial opinion; extension of time granted to allow appeal.

Citation: abraham gabriel uiso vs catherine melkizedeki laiser 2006 tzhc 279 6 april 2006
Parties: Applicant: Abraham Gabriel Uiso; Respondent: Catherine Melkizedeck La Iser
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 April 2006
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application allowed
Legal Topics: Extension of Time, Appeals From Primary Court, Division of Matrimonial Assets, Maintenance of Children
Source Language: English

Family Law Civil Procedure Extension of Time Appeals From Primary Court Division of Matrimonial Assets Maintenance of Children

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Parties

Abraham Gabriel Uiso

Applicant

Catherine Melkizedeck La Iser

Respondent

Procedural Posture

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

Legal Issues

1 Whether sufficient cause was shown for delay in filing appeal
2 Whether time spent obtaining judgment and proceedings can be excluded in calculating limitation period for appeals from Primary Court

Ratio Decidendi

Applicant demonstrated sufficient cause for delay due to reasonable belief regarding limitation period and divided judicial opinion; extension of time granted to allow appeal.

Court Disposition

Application allowed

Orders

Applicant to file appeal within two weeks from date of ruling
Each party to bear own costs of application