eligius anord vs laeli sinyangwe 2007 tzhc 383 20 december 2007

eligius anord vs laeli sinyangwe 2007 tzhc 383 20 december 2007

Failure to cite the enabling provision of law is not fatal to the application as it is a curable irregularity. The applicant did not provide sufficient evidence for his absence, but the denial of the right to be heard in the lower court constitutes sufficient reason to grant the extension of time.

Citation
eligius anord vs laeli sinyangwe 2007 tzhc 383 20 december 2007
Parties
Applicant: Eligius Anord; Respondent: Laeli Sinyangwe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Right to Be Heard, Procedural Defects
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Right to Be Heard Procedural Defects

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Parties

Eligius Anord

Applicant

Laeli Sinyangwe

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether failure to cite enabling provision of law is fatal to the application
  2. 2 Whether sufficient cause was shown for delay in filing appeal
  3. 3 Whether denial of right to be heard justifies extension of time

Ratio Decidendi

Failure to cite the enabling provision of law is not fatal to the application as it is a curable irregularity. The applicant did not provide sufficient evidence for his absence, but the denial of the right to be heard in the lower court constitutes sufficient reason to grant the extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted 14 days from the date of the ruling to file the intended appeal.