20190522 TZHC Dar es Salaam 1

20190522 TZHC Dar es Salaam 1

The applicant failed to advance sufficient reasons for the delay of five months in filing the application for extension of time. The reasons given, including being outside the country and blaming previous counsel, were unsupported by evidence and amounted to negligence. Alleged illegalities were found to be matters of fact suitable for appeal, not grounds for extension. Therefore, the application was dismissed.

Citation
20190522 TZHC Dar es Salaam 1
Parties
Applicant: Daniel Kobb; Respondent: Amina Shariff
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Divorce, Matrimonial Property Division, Appeal Procedure
Source Language
English
Civil Procedure Family Law Extension of Time Divorce Matrimonial Property Division Appeal Procedure

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Parties

Daniel Kobb

Applicant

Amina Shariff

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal against the judgment and decree of the District Court in Matrimonial Cause No. 13 of 2016

Ratio Decidendi

The applicant failed to advance sufficient reasons for the delay of five months in filing the application for extension of time. The reasons given, including being outside the country and blaming previous counsel, were unsupported by evidence and amounted to negligence. Alleged illegalities were found to be matters of fact suitable for appeal, not grounds for extension. Therefore, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • Each party to bear own costs
  • Right of appeal explained