19920717 TZCA Dar es Salaam 1

Respondents failed to take essential steps to institute appeal within prescribed time and did not apply for extension; excuse for delay was insufficient and inordinate lapse of time occurred.

Citation: 19920717 TZCA Dar es Salaam 1
Parties: Applicant: Daniel Chare; Respondents: Jo. Mtunda and David Jirbaniku
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 July 1992
Procedural Posture: Civil Application / Application to Strike Out Notice of Appeal
Outcome: Notice of appeal struck out with costs.
Legal Topics: Striking Out Notice of Appeal, Extension of Time, Failure to Institute Appeal
Source Language: English

Civil Procedure Striking Out Notice of Appeal Extension of Time Failure to Institute Appeal

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Parties

Daniel Chare

Applicant

Jo. Mtunda and David Jirbaniku

Respondents

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

1 Whether the notice of appeal should be struck out for failure to institute appeal within prescribed time
2 Whether extension of time should be granted due to loss of documents

Ratio Decidendi

Respondents failed to take essential steps to institute appeal within prescribed time and did not apply for extension; excuse for delay was insufficient and inordinate lapse of time occurred.

Court Disposition

Notice of appeal struck out with costs.

Orders

Notice of appeal is struck out with costs.