dawi akko vs petro ingi others 2018 tzhc 2228 12 september 2018

dawi akko vs petro ingi others 2018 tzhc 2228 12 september 2018

The applicant failed to account for the period of delay between 31st July 2017 and 18th April 2018, and did not demonstrate sufficient cause for extension of time. The alleged illegality was not sufficient to justify extension as it did not render the decision illegal.

Citation
dawi akko vs petro ingi others 2018 tzhc 2228 12 september 2018
Parties
Applicant: Dawi Akko; 1st Respondent: Petro Ingi; 2nd Respondent: Paschal Vicent; 3rd Respondent: Erro Akunaay
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 September 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Restoration of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Restoration of Appeal, Sufficient Cause, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Restoration of Appeal Sufficient Cause Limitation of Actions

Case Brief

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Parties

Dawi Akko

Applicant

Petro Ingi

1st Respondent

Paschal Vicent

2nd Respondent

Erro Akunaay

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Restoration of Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to apply for restoration of Civil Appeal No. 59 of 2016
  2. 2 Whether the applicant accounted for every day of delay as required by law
  3. 3 Whether alleged illegality in the dismissed appeal constitutes sufficient cause

Ratio Decidendi

The applicant failed to account for the period of delay between 31st July 2017 and 18th April 2018, and did not demonstrate sufficient cause for extension of time. The alleged illegality was not sufficient to justify extension as it did not render the decision illegal.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time and restoration of appeal is dismissed with costs