anney anney vs teonas mchama another 2024 tzca 118 23 february 2024

anney anney vs teonas mchama another 2024 tzca 118 23 february 2024

The applicant demonstrated diligence and persistence in pursuing his right to appeal, and the delay was minimal and satisfactorily explained. The application was properly before the Court as, after the appeal was struck out, the Registrar could not issue a certificate of delay. The applicant's prompt action upon realizing the delay constituted sufficient cause for extension of time.

Citation
anney anney vs teonas mchama another 2024 tzca 118 23 february 2024
Parties
Applicant: Anney Anney; 1st Respondent: Teonas Mchama; 2nd Respondent: Sailesh Gordan Laxman t/a Saibaba Express
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2024
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Court of Appeal Rules, Certificate of Delay
Source Language
English
Civil Procedure Extension of Time Appeals Court of Appeal Rules Certificate of Delay

Case Brief

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Parties

Anney Anney

Applicant

Teonas Mchama

1st Respondent

Sailesh Gordan Laxman t/a Saibaba Express

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to lodge an appeal after the previous appeal was struck out
  2. 2 Whether the application is properly before the Court instead of seeking a certificate of delay

Ratio Decidendi

The applicant demonstrated diligence and persistence in pursuing his right to appeal, and the delay was minimal and satisfactorily explained. The application was properly before the Court as, after the appeal was struck out, the Registrar could not issue a certificate of delay. The applicant's prompt action upon realizing the delay constituted sufficient cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to lodge record and memorandum of appeal within thirty (30) days from the date of the ruling