aden mwafula vs rachel william ifanda 2021 tzhc 3040 2 march 2021

aden mwafula vs rachel william ifanda 2021 tzhc 3040 2 march 2021

Applicant demonstrated diligence and sufficient cause for delay due to clerical errors and delayed provision of corrected judgment and decree; time for obtaining corrected documents is excluded from limitation period, thus extension is granted.

Source-derived case information.

Citation
aden mwafula vs rachel william ifanda 2021 tzhc 3040 2 march 2021
Parties
Applicant: Aden Mwafula; Respondent: Rachel William Ifanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal, Limitation Period, Matrimonial Proceedings
Source Language
english
Civil Procedure Family Law Extension of Time Appeal Limitation Period Matrimonial Proceedings

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Parties

Aden Mwafula

Applicant

Rachel William Ifanda

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time for filing appeal in matrimonial proceedings
  2. 2 Whether clerical and arithmetical errors in judgment justify delay

Ratio Decidendi

Applicant demonstrated diligence and sufficient cause for delay due to clerical errors and delayed provision of corrected judgment and decree; time for obtaining corrected documents is excluded from limitation period, thus extension is granted.

Court Disposition

Application granted

Orders

  • Applicant is granted extension of time to file appeal out of time as prayed.