ally omari vs abdallah makoka 2006 tzhc 54 24 may 2006

ally omari vs abdallah makoka 2006 tzhc 54 24 may 2006

The District Magistrate erred in refusing extension of time as reasonable cause was shown (counsel's illness), and misapplied the Civil Procedure Code provisions which do not govern appeals regarding written submissions.

Citation
ally omari vs abdallah makoka 2006 tzhc 54 24 may 2006
Parties
Appellant: Ally Omari; Respondent: Abdallah Makoka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 2006
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Extension of Time, Right to Be Heard, Written Submissions, Application of Civil Procedure Code
Source Language
English
Civil Procedure Extension of Time Right to Be Heard Written Submissions Application of Civil Procedure Code

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ally Omari

Appellant

Abdallah Makoka

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Magistrate erred in refusing extension of time to file written submissions
  2. 2 Whether the provisions of Order VIII rules (1)(2) and 14(1)(2) of the Civil Procedure Code apply to appeals regarding written submissions

Ratio Decidendi

The District Magistrate erred in refusing extension of time as reasonable cause was shown (counsel's illness), and misapplied the Civil Procedure Code provisions which do not govern appeals regarding written submissions.

Court Disposition

appeal allowed

Orders

  • District Court's ruling quashed
  • extension of time granted to appellant to file written submissions