19961212 TZHC Dar es Salaam
The delay was justified as it was caused by the court's failure to supply the judgment, and the legal issue regarding the court's power to enlarge limitation period suo motu is substantial enough to warrant leave to appeal.
- Citation
- 19961212 TZHC Dar es Salaam
- Parties
- Applicant: Applicant (Name not specified); Respondent: Respondent (Name not specified)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 1996
- Procedural Posture
- Application for Extension of Time to Apply for Leave to Appeal / Ruling on Application for Extension of Time
- Outcome
- Application allowed; leave granted to file application for leave to appeal to the Court of Appeal.
- Legal Topics
- Extension of Time, Leave to Appeal, Limitation Period, Court's Power to Act Suo Motu
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant (Name not specified)
Applicant
Respondent (Name not specified)
Respondent
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the delay in applying for leave to appeal was justified
- 2 Whether the court was right in enlarging the limitation period in favour of the respondent without an application from him (acting suo motu)
Ratio Decidendi
The delay was justified as it was caused by the court's failure to supply the judgment, and the legal issue regarding the court's power to enlarge limitation period suo motu is substantial enough to warrant leave to appeal.
Court Disposition
Application allowed; leave granted to file application for leave to appeal to the Court of Appeal.
Orders
- Applicant granted leave to file application for leave to appeal to the Court of Appeal.
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