alli mtumbuka vs omari limbimungu 2008 tzhc 310 3 april 2008

alli mtumbuka vs omari limbimungu 2008 tzhc 310 3 april 2008

The application was dismissed because the applicant failed to cite the enabling provision of law, the supporting affidavit was defective, and ignorance of law and financial incapacity do not constitute sufficient cause for extension of time to appeal.

Citation
alli mtumbuka vs omari limbimungu 2008 tzhc 310 3 april 2008
Parties
Applicant: Alii Mtumbuka; Respondent: Omari Limbimungu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 April 2008
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Affidavit Defects, Ignorance of Law, Financial Incapacity
Source Language
English
Civil Procedure Extension of Time Appeals Affidavit Defects Ignorance of Law Financial Incapacity

Case Brief

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Parties

Alii Mtumbuka

Applicant

Omari Limbimungu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether failure to cite the enabling provision of law is fatal to the application
  3. 3 Whether defects in the affidavit are fatal to the application

Ratio Decidendi

The application was dismissed because the applicant failed to cite the enabling provision of law, the supporting affidavit was defective, and ignorance of law and financial incapacity do not constitute sufficient cause for extension of time to appeal.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs