durra abeid vs honest swai 2018 tzhc 15 16 march 2018

durra abeid vs honest swai 2018 tzhc 15 16 march 2018

The applicant failed to advance sufficient reasons for the delay, did not account for the period of delay, and demonstrated negligence and sloppiness. The Law of Limitation Act does not apply to appeals from the District Court sitting in its appellate jurisdiction over primary court matters; instead, the Magistrates’ Courts Act requires appeals to be filed within thirty days regardless of when the judgment copy is supplied. The applicant’s reliance on being a lay person and Article 107A of the Constitution is misplaced and does not excuse noncompliance with procedural rules.

Citation
durra abeid vs honest swai 2018 tzhc 15 16 march 2018
Parties
Applicant: Durra Abeid; Respondent: Honest 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

Honest 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, did not account for the period of delay, and demonstrated negligence and sloppiness. The Law of Limitation Act does not apply to appeals from the District Court sitting in its appellate jurisdiction over primary court matters; instead, the Magistrates’ Courts Act requires appeals to be filed within thirty days regardless of when the judgment copy is supplied. The applicant’s reliance on being a lay person and Article 107A of the Constitution is misplaced and does not excuse noncompliance with procedural rules.

Court Disposition

Application dismissed

Orders

  • Application dismissed with no order as to costs