durra abeid vs honest swai 2018 tzhc 2467 16 march 2018

durra abeid vs honest swai 2018 tzhc 2467 16 march 2018

The applicant failed to advance sufficient reasons for the delay, demonstrated negligence and sloppiness, and the enabling provision cited does not apply as the Law of Limitation Act is inapplicable to appeals from the District Court sitting in its appellate jurisdiction. The application is incompetent and must be dismissed.

Citation
durra abeid vs honest swai 2018 tzhc 2467 16 march 2018
Parties
Applicant: Durra Abeid; Respondent: Hon Est Swai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 March 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Limitation of Actions, Appeals, Procedural Law
Source Language
English
Civil Procedure Extension of Time Limitation of Actions Appeals Procedural Law

Case Brief

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Parties

Durra Abeid

Applicant

Hon Est Swai

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant advanced sufficient reasons for extension of time to file an appeal out of time

Ratio Decidendi

The applicant failed to advance sufficient reasons for the delay, demonstrated negligence and sloppiness, and the enabling provision cited does not apply as the Law of Limitation Act is inapplicable to appeals from the District Court sitting in its appellate jurisdiction. The application is incompetent and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed with no order as to costs