saidi vs manyanga and another 2007 tzhc 21 5 december 2007

saidi vs manyanga and another 2007 tzhc 21 5 december 2007

The applicant failed to show sufficient reason for the delay and did not comply with the mandatory requirement to accompany the application with a petition of appeal or grounds of objection; therefore, the application is incompetent and must be struck out.

Citation
saidi vs manyanga and another 2007 tzhc 21 5 december 2007
Parties
Applicant: Asha Saidi; 1st Respondent: Given Manyanga; 2nd Respondent: Morgan Manyanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2007
Procedural Posture
Application for Extension of Time to File Appeal / Ruling on Application for Extension of Time
Outcome
Application struck out as incompetent with costs.
Legal Topics
Extension of Time, Appeals From Primary Court, Limitation Period
Source Language
English
Civil Procedure Extension of Time Appeals From Primary Court Limitation Period

Case Brief

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Parties

Asha Saidi

Applicant

Given Manyanga

1st Respondent

Morgan Manyanga

2nd Respondent

Procedural Posture

Application for Extension of Time to File Appeal / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for delay in filing appeal
  2. 2 Whether the application complies with mandatory procedural requirements

Ratio Decidendi

The applicant failed to show sufficient reason for the delay and did not comply with the mandatory requirement to accompany the application with a petition of appeal or grounds of objection; therefore, the application is incompetent and must be struck out.

Court Disposition

Application struck out as incompetent with costs.

Orders

  • Application struck out
  • Applicant to pay costs