damari watson bijinja vs innocent sangano 2022 tzhc 142 11 february 2022

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

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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

  1. 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