19910726 TZCA Dar es Salaam

19910726 TZCA Dar es Salaam

The respondent's repeated failures and lack of diligence over ten years, despite multiple applications and opportunities, amount to negligence and sleeping on his rights; the extension of time granted by the single judge was unjustified and must be set aside.

Citation
19910726 TZCA Dar es Salaam
Parties
Applicant: Elizabeth Sheba; Respondent: Sebastian Mathias Msisi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 July 1991
Procedural Posture
Civil Application / Reference Against Decision of Single Judge on Extension of Time
Outcome
Application allowed; decision of single judge upset
Legal Topics
Extension of Time, Appeals, Negligence, Costs
Source Language
English
Civil Procedure Extension of Time Appeals Negligence Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Elizabeth Sheba

Applicant

Sebastian Mathias Msisi

Respondent

Procedural Posture

Civil Application / Reference Against Decision of Single Judge on Extension of Time

Legal Issues

  1. 1 Whether the respondent was negligent or slept on his rights in prosecuting the appeal
  2. 2 Whether the extension of time granted by the single judge was justified

Ratio Decidendi

The respondent's repeated failures and lack of diligence over ten years, despite multiple applications and opportunities, amount to negligence and sleeping on his rights; the extension of time granted by the single judge was unjustified and must be set aside.

Court Disposition

Application allowed; decision of single judge upset

Orders

  • Decision of single judge granting extension of time set aside
  • Respondent to bear costs of the reference