20171122 TZHC Dar es Salaam

20171122 TZHC Dar es Salaam

Delay in obtaining a copy of judgment is not a sufficient cause for extension of time in matrimonial appeals, as the law does not require attachment of judgment or decree to the petition of appeal. Applicant failed to show sufficient cause or likelihood of success.

Citation
20171122 TZHC Dar es Salaam
Parties
Applicant: Bryceson Mwambope; Respondent: Simina Ikenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Matrimonial Proceedings, Limitation of Actions
Source Language
English
Civil Procedure Family Law Extension of Time Appeals Matrimonial Proceedings Limitation of Actions

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Parties

Bryceson Mwambope

Applicant

Simina Ikenda

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal against the decision in Matrimonial Cause No. 48 of 2015
  2. 2 Whether delay in obtaining a copy of judgment constitutes reasonable cause for delay in matrimonial appeals

Ratio Decidendi

Delay in obtaining a copy of judgment is not a sufficient cause for extension of time in matrimonial appeals, as the law does not require attachment of judgment or decree to the petition of appeal. Applicant failed to show sufficient cause or likelihood of success.

Court Disposition

Application dismissed with costs

Orders

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