alfred fundi vs giled mango other 2016 tzca 263 12 october 2016

alfred fundi vs giled mango other 2016 tzca 263 12 october 2016

The applicant demonstrated sufficient cause for the delay in filing the appeal, as the delay was attributable to the High Court's delay in determining the application for leave and providing the requisite document, which is a mandatory prerequisite for filing a second appeal.

Citation
alfred fundi vs giled mango other 2016 tzca 263 12 october 2016
Parties
Applicant: Alfred Fundi; Respondent: Giled Mango; Respondent: Managing Director Sandu Coach Ltd.; Respondent: Phoenix of Tanzania Assurance (T) Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2016
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Appellate Procedure

Case Brief

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Parties

Alfred Fundi

Applicant

Giled Mango

Respondent

Managing Director Sandu Coach Ltd.

Respondent

Phoenix of Tanzania Assurance (T) Ltd.

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an appeal after expiry of the prescribed period

Ratio Decidendi

The applicant demonstrated sufficient cause for the delay in filing the appeal, as the delay was attributable to the High Court's delay in determining the application for leave and providing the requisite document, which is a mandatory prerequisite for filing a second appeal.

Court Disposition

Application granted

Orders

  • Memorandum of Appeal must be filed not later than sixty (60) days from the date of this order
  • No order as to costs