kisisiwe vs bilauri 2005 tzca 10 4 february 200

kisisiwe vs bilauri 2005 tzca 10 4 february 200

Applicant demonstrated diligence and delay was beyond his control due to late supply of documents; sufficient reason for extension of time established. Rule 83 does not apply to applications for leave, only to appeals.

Citation
kisisiwe vs bilauri 2005 tzca 10 4 february 200
Parties
Applicant: Deusdedit Kisisiwe; Respondent: Protaz Bilauri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Application / Application for Extension of Time and Leave to Appeal
Outcome
application allowed
Legal Topics
Extension of Time, Leave to Appeal, Supervisory Jurisdiction, Revision Vs Appeal
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Supervisory Jurisdiction Revision Vs Appeal

Case Brief

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Parties

Deusdedit Kisisiwe

Applicant

Protaz Bilauri

Respondent

Procedural Posture

Civil Application / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether sufficient reason exists for extension of time to apply for leave to appeal
  2. 2 Whether the intended appeal raises arguable points
  3. 3 Whether Rule 83 of the Court Rules, 1979 applies to applications for leave

Ratio Decidendi

Applicant demonstrated diligence and delay was beyond his control due to late supply of documents; sufficient reason for extension of time established. Rule 83 does not apply to applications for leave, only to appeals.

Court Disposition

application allowed

Orders

  • Leave granted to applicant to appeal to the Court against the decision of Bubeshi, J. dated 8th February, 2001.
  • Each party to bear his own costs.