damari watson bijinja vs innocent sangano 2022 tzhc 142 11 february 2022
The applicant's delay was due to a technical legal defect in the previous appeal, which was filed in time but struck out. The 12 days taken to file the current application were reasonable for preparation and filing. Technical delay is excusable, and the applicant acted diligently. Extension of time is therefore warranted.
- Citation
- damari watson bijinja vs innocent sangano 2022 tzhc 142 11 february 2022
- Parties
- Applicant: Damari Watson Bijinja; Respondent: Innocent Sangano
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 February 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Matrimonial Appeals, Technical Delay, Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Damari Watson Bijinja
Applicant
Innocent Sangano
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to appeal
Ratio Decidendi
The applicant's delay was due to a technical legal defect in the previous appeal, which was filed in time but struck out. The 12 days taken to file the current application were reasonable for preparation and filing. Technical delay is excusable, and the applicant acted diligently. Extension of time is therefore warranted.
Court Disposition
Application granted
Orders
- Applicant granted twenty-one days from the date of delivery of the ruling to lodge the intended appeal
- No order as to costs
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