19990413 TZCA Dar es Salaam

19990413 TZCA Dar es Salaam

The omission to include a copy of the decree in the record of appeal was a lapse of a fundamental nature attributable to counsel's lack of diligence. Such negligence does not constitute sufficient cause for extension of time. The supplementary record could not cure the incompetence of the original appeal.

Citation
19990413 TZCA Dar es Salaam
Parties
Applicant: Dr. Masumbuko Roman Mahunga Lamwai; 1st Respondent: Venance Francis Ngula; 2nd Respondent: The Honourable Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 April 1999
Procedural Posture
Civil Reference / Reference From a Single Judge's Ruling Refusing Extension of Time to File Notice of Appeal
Outcome
Reference dismissed
Legal Topics
Extension of Time, Negligence of Counsel, Supplementary Record, Election Petition Appeals
Source Language
English
Civil Procedure Election Law Extension of Time Negligence of Counsel Supplementary Record Election Petition Appeals

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Parties

Dr. Masumbuko Roman Mahunga Lamwai

Applicant

Venance Francis Ngula

1st Respondent

The Honourable Attorney General

2nd Respondent

Procedural Posture

Civil Reference / Reference From a Single Judge's Ruling Refusing Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant showed sufficient cause for extension of time to file notice of appeal
  2. 2 Whether the supplementary record cured the defect of the missing decree in the record of appeal
  3. 3 Whether negligence of counsel constitutes sufficient reason for extension of time

Ratio Decidendi

The omission to include a copy of the decree in the record of appeal was a lapse of a fundamental nature attributable to counsel's lack of diligence. Such negligence does not constitute sufficient cause for extension of time. The supplementary record could not cure the incompetence of the original appeal.

Court Disposition

Reference dismissed

Orders

  • No extension of time granted to file notice of appeal
  • No order as to costs