anangisye mwakasyuka vs lugano mwanja 2015 tzhc 2125 27 april 2015

anangisye mwakasyuka vs lugano mwanja 2015 tzhc 2125 27 april 2015

The ruling granting extension of time was an interlocutory order that did not finally determine the rights of the parties and was therefore not appealable. The trial Magistrate properly exercised discretion in finding sufficient cause for extension of time due to delay in obtaining a copy of the judgment.

Citation
anangisye mwakasyuka vs lugano mwanja 2015 tzhc 2125 27 april 2015
Parties
Appellant: Anangisye Mwakasyuka; Respondent: Lugano Mwanja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2015
Procedural Posture
Matrimonial Appeal / Appeal Against Interlocutory Order Granting Extension of Time
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Appealability of Interlocutory Orders, Sufficient Cause, Matrimonial Proceedings
Source Language
English
Family Law Civil Procedure Extension of Time Appealability of Interlocutory Orders Sufficient Cause Matrimonial Proceedings

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Anangisye Mwakasyuka

Appellant

Lugano Mwanja

Respondent

Procedural Posture

Matrimonial Appeal / Appeal Against Interlocutory Order Granting Extension of Time

Legal Issues

  1. 1 Whether the ruling granting extension of time was appealable as an interlocutory order
  2. 2 Whether sufficient cause was established for extension of time

Ratio Decidendi

The ruling granting extension of time was an interlocutory order that did not finally determine the rights of the parties and was therefore not appealable. The trial Magistrate properly exercised discretion in finding sufficient cause for extension of time due to delay in obtaining a copy of the judgment.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Appeal to proceed before the appellate Magistrate as fixed