20161114 tzhc arusha 2

20161114 tzhc arusha 2

The delay in filing the appeal was a technical delay, not due to the applicant's or his counsel's inaction or negligence, but due to a technical defect in the memorandum of appeal. Such technical delay constitutes sufficient cause for extension of time.

Citation
20161114 tzhc arusha 2
Parties
Applicant: Dawi Ako; 1st Respondent: Petro Ingi; 2nd Respondent: Pascal Vicent; 3rd Respondent: Erro Akunaay
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 November 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Limitation of Actions, Technical Delay
Source Language
English

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Parties

Dawi Ako

Applicant

Petro Ingi

1st Respondent

Pascal Vicent

2nd Respondent

Erro Akunaay

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal after expiry of limitation period

Ratio Decidendi

The delay in filing the appeal was a technical delay, not due to the applicant's or his counsel's inaction or negligence, but due to a technical defect in the memorandum of appeal. Such technical delay constitutes sufficient cause for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant to file appeal within fourteen (14) days from the date of being supplied with a copy of this ruling