19891020 TZHC Dar es Salaam
The application was dismissed because the applicant failed to provide sufficient reason for the nine-month delay in making the application for leave to appeal, and misunderstanding of court proceedings by an advocate does not excuse non-compliance with express legal provisions.
- Citation
- 19891020 TZHC Dar es Salaam
- Parties
- Appellant: Dr. Halima Mohamedi; Respondent: Suleiman Muhamedi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 October 1989
- Procedural Posture
- Civil Appeal / Ruling on Application for Extension of Time, Leave to Appeal, and Certificate of Point of Law
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Leave to Appeal, Certificate of Point of Law, Appellate Jurisdiction Act, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dr. Halima Mohamedi
Appellant
Suleiman Muhamedi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time, Leave to Appeal, and Certificate of Point of Law
Legal Issues
- 1 Whether the applicant provided sufficient reason for delay in applying for leave to appeal
- 2 Whether a certificate of point of law was required in the circumstances
- 3 Whether the application was made under the correct statutory provisions
Ratio Decidendi
The application was dismissed because the applicant failed to provide sufficient reason for the nine-month delay in making the application for leave to appeal, and misunderstanding of court proceedings by an advocate does not excuse non-compliance with express legal provisions.
Court Disposition
Application dismissed with costs
Orders
- Application for extension of time, leave to appeal, and certificate of point of law is dismissed with costs.
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