audax paulo vs rosemary audax 2018 tzhc 2631 20 july 2018

audax paulo vs rosemary audax 2018 tzhc 2631 20 july 2018

The appellant failed to provide sufficient and credible reasons for the delay in filing the appeal, as the evidence of illness was inconsistent with his actions during the relevant period. The District Court was correct in dismissing the application for extension of time.

Citation
audax paulo vs rosemary audax 2018 tzhc 2631 20 july 2018
Parties
Appellant: Audax Paulo; Respondent: Rosemary Audax
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 July 2018
Procedural Posture
PC Civil Appeal / Judgment on Appeal Against Dismissal of Application for Extension of Time
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Appeal Procedure, Matrimonial Proceedings
Source Language
English
Family Law Civil Procedure Extension of Time Appeal Procedure Matrimonial Proceedings

Case Brief

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Parties

Audax Paulo

Appellant

Rosemary Audax

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Appeal Against Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the appellant advanced sufficient cause for extension of time to appeal
  2. 2 Whether the District Court erred in dismissing the application based on admitted facts

Ratio Decidendi

The appellant failed to provide sufficient and credible reasons for the delay in filing the appeal, as the evidence of illness was inconsistent with his actions during the relevant period. The District Court was correct in dismissing the application for extension of time.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal is dismissed with costs