20071211 TZHC Dar es Salaam 1

20071211 TZHC Dar es Salaam 1

The applicant was not notified of the judgment date, judgment was delivered in his absence, and the record shows no order for notice; the applicant's illness after the prior ruling further justified the delay. The application for extension of time is well founded.

Citation
20071211 TZHC Dar es Salaam 1
Parties
Applicant: Charles Shekulwavu; Respondent: Colman Moshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeal Procedure, Sufficient Cause
Source Language
English
Civil Procedure Extension of Time Appeal Procedure Sufficient Cause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Charles Shekulwavu

Applicant

Colman Moshi

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
  2. 2 Whether absence of notice of judgment and alleged illness justify delay

Ratio Decidendi

The applicant was not notified of the judgment date, judgment was delivered in his absence, and the record shows no order for notice; the applicant's illness after the prior ruling further justified the delay. The application for extension of time is well founded.

Court Disposition

Application granted

Orders

  • Applicant to file appeal within one month from the date of ruling
  • Each party to bear its own costs