chama cha msingi mshikamano vs azizi hakika katani 2023 tzhc 16228 22 march 2023

The delay was technical, arising from a misconception regarding procedural requirements, and both parties contributed to the situation. The applicant is entitled to extension of time in the interests of justice, despite not accounting for each day of delay, due to the peculiar circumstances of the case.

Citation: chama cha msingi mshikamano vs azizi hakika katani 2023 tzhc 16228 22 march 2023
Parties: Applicant: Chama Cha Msingi Mshikamano; Respondent: Ami Hakika Katani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 March 2023
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: Application allowed
Legal Topics: Extension of Time, Appeals From Primary Courts, Technical Delay, Good Cause for Delay
Source Language: English

Civil Procedure Extension of Time Appeals From Primary Courts Technical Delay Good Cause for Delay

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Chama Cha Msingi Mshikamano

Applicant

Ami Hakika Katani

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file an appeal against the District Court's decision
2 Whether technical delay constitutes good cause for extension of time
3 Whether the applicant accounted for each day of delay

Ratio Decidendi

Court Disposition

Application allowed

Orders

Applicant granted thirty (30) days from the date of ruling to file the intended appeal
Costs to be in the main cause