20160628 TZHC Dar es Salaam

20160628 TZHC Dar es Salaam

Under the Law of Marriage Act, it is not mandatory to attach copies of judgment or decree to the petition of appeal in matrimonial proceedings. Therefore, delay in obtaining such documents does not constitute sufficient cause for extension of time. The applicant failed to demonstrate sufficient cause for the delay.

Citation
20160628 TZHC Dar es Salaam
Parties
Applicant: Asha Shabani Afadhali; Respondent: Twaha Mng'agi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 June 2016
Procedural Posture
Miscellaneous Civil Application (extension of Time) / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Matrimonial Proceedings, Sufficient Cause
Source Language
English
Civil Procedure Family Law Extension of Time Appeals Matrimonial Proceedings Sufficient Cause

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Parties

Asha Shabani Afadhali

Applicant

Twaha Mng'agi

Respondent

Procedural Posture

Miscellaneous Civil Application (extension of Time) / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file an appeal in matrimonial proceedings

Ratio Decidendi

Under the Law of Marriage Act, it is not mandatory to attach copies of judgment or decree to the petition of appeal in matrimonial proceedings. Therefore, delay in obtaining such documents does not constitute sufficient cause for extension of time. The applicant failed to demonstrate sufficient cause for the delay.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to appeal is dismissed with costs.