19980827 TZHC Dar es Salaam
- Citation
- 19980827 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 27 August 1998
- Posture
- Application for Extension of Time to Appeal / Ruling
- Language
- English
More details
- Court
- TZHC
- Decision
- 27 August 1998
- Posture
- Application for Extension of Time to Appeal / Ruling
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Delay was caused by illness, supported by medical evidence, constituting circumstances beyond applicant's control; extension granted.
Court disposition
application allowed
Orders
- Appeal to be filed within thirty days of this date
- No order for costs
02
Material facts
Parties
Applicant
Applicant Counsel: Mr. Taslim2cRespondent
Respondent03
Procedural history
Posture
Application for Extension of Time to Appeal / Ruling
04
Questions and positions
Legal issues
Whether the applicant has shown sufficient cause for extension of time to file appeal
Party arguments
- Applicant
- Applicant argued that illness prevented timely filing of appeal, supported by medical evidence of cholera and malaria.
- Respondent
- Respondent was absent and did not present arguments.
05
Court’s reasoning
Legal principles
- 01
general civil procedure principles
Extension of time may be granted if delay is caused by circumstances beyond applicant's control.
06
Ratio, limits and disposition
Ratio decidendi
Delay was caused by illness, supported by medical evidence, constituting circumstances beyond applicant's control; extension granted.
Court disposition
application allowed
- Appeal to be filed within thirty days of this date
- No order for costs
Source and reliance status
TZHC · 27 August 1998
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 27 August 1998
__ __ -~ P•.T ·:· .,.{_ ,...~·~I ...':. \L'l.)'i.M ·: e -''0 J • o 17-1/97 _,.' .,. I~l1I,Il;JG __,_ _.,.,__... _ Thi.s is an applics.ti011 for exfontion of bx,"" i:Jithin ,_,hich to appeal. Accordin ' . to the support in-:- evi ·cnce tlh, applicant fell sick a,s she was tra.vellin::': to Dar e1J s,_1L=tan to file ·,.,r 2.·rx:al., There i,s nedical evLlence tbat she contracte'l choler" -.Jo1.1 c1al2,ri2, so~.;1 c1.ftGr she had recovered fror1 c'.1ol•2r3.., .Sho was a~l:nitte~1 to v2rious ::Iispenoaries w:1ere she was treated- I arn t112refore S::'tisfic'::~ t 11 ?t the 'el~} to file the appeal in tir;1e \·/a3 caused ~-'::: circn''13hll1CGC, ,eyon 1 :1er C'.Jntrol. The 2p::-ilic::i_tion ir:, 2]_lovred as pr2,yed. A-cJ·1·-::n.l co 1,e filed within thirty > ys of t'-•is dotG. No oTL:;l' for ccsts i,s uac~eo Delivered. Jtf'.),'1'\!; '--~----=t.J; 27/3/1998 Mr. Taslim2c, Adv~cate: For Applicc'Jlt Absent: For Respondent~
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