bishop bayona mutashobya laurent daudi 2020 tzhc 222 28 february 2020
The applicant failed to show sufficient cause for delay and was negligent, but the court found pertinent issues in the trial court decision warranting appellate intervention. Therefore, the appeal was re-admitted out of time in exercise of judicial discretion.
- Citation
- bishop bayona mutashobya laurent daudi 2020 tzhc 222 28 february 2020
- Parties
- Applicant: Bishop Bayona Mutashobya; Respondent: Laurent Daudi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Civil Application / Ruling on Application for Re Admission of Appeal Out of Time
- Outcome
- Application allowed; appeal re-admitted though out of time.
- Legal Topics
- Extension of Time, Re Admission of Appeal, Negligence, Sufficient Cause, Adultery, Inducement to Desertion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bishop Bayona Mutashobya
Applicant
Laurent Daudi
Respondent
Procedural Posture
Civil Application / Ruling on Application for Re Admission of Appeal Out of Time
Legal Issues
- 1 Whether sufficient cause was shown for failure to attend appeal hearing
- 2 Whether the appeal should be re-admitted out of time
Ratio Decidendi
The applicant failed to show sufficient cause for delay and was negligent, but the court found pertinent issues in the trial court decision warranting appellate intervention. Therefore, the appeal was re-admitted out of time in exercise of judicial discretion.
Court Disposition
Application allowed; appeal re-admitted though out of time.
Orders
- Appeal No. 17/2015 to be re-admitted out of time.
- Right of appeal explained to parties.
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