clarence msafiri vs sofia b njoka 2021 tzhc 2211 20 january 2021

clarence msafiri vs sofia b njoka 2021 tzhc 2211 20 january 2021

The appellant failed to provide a chronological account or sufficient reasons for the delay, and did not meet any of the legal tests for extension of time. The delay was nearly two and a half years, and the only reason advanced was the child's illness, which was not substantiated for the entire period. There was no point of law or prejudice to the appellant justifying extension.

Citation
clarence msafiri vs sofia b njoka 2021 tzhc 2211 20 january 2021
Parties
Appellant: Clarence Msafiri; Respondent: Sofia B Njoka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 January 2021
Procedural Posture
PC Civil Appeal / Judgment on Appeal Against Dismissal of Application for Extension of Time
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Delay in Filing Appeal, Custody and Maintenance, Division of Matrimonial Assets
Source Language
English
Civil Procedure Family Law Extension of Time Appeal Procedure Delay in Filing Appeal Custody and Maintenance Division of Matrimonial Assets

Case Brief

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Parties

Clarence Msafiri

Appellant

Sofia B Njoka

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant provided sufficient reasons for delay to warrant extension of time to appeal out of time

Ratio Decidendi

The appellant failed to provide a chronological account or sufficient reasons for the delay, and did not meet any of the legal tests for extension of time. The delay was nearly two and a half years, and the only reason advanced was the child's illness, which was not substantiated for the entire period. There was no point of law or prejudice to the appellant justifying extension.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed without costs