20161028 TZCA Mwanza

20161028 TZCA Mwanza

The applicant demonstrated sufficient cause for delay as he could not file the appeal without first obtaining leave, which was delayed by the High Court. The delay was not attributable to the applicant, and he acted promptly after obtaining the necessary leave.

Citation
20161028 TZCA Mwanza
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
28 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, Judicial Discretion, Appellate Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Judicial Discretion Appellate Jurisdiction

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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 delay as he could not file the appeal without first obtaining leave, which was delayed by the High Court. The delay was not attributable to the applicant, and he acted promptly after obtaining the necessary leave.

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