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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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