elly peter sanya vs ester nelson 2020 tzca 157 27 march 2020

elly peter sanya vs ester nelson 2020 tzca 157 27 march 2020

The High Court erred in refusing extension of time on the basis that the delay was not justified; time spent prosecuting an application in court constitutes technical delay and is a sufficient ground for extension of time. The High Court was not functus officio as the applications were distinct.

Citation
elly peter sanya vs ester nelson 2020 tzca 157 27 march 2020
Parties
Appellant: Elly Peter Sanya; Respondent: Ester Nelson
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 March 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Technical Delay, Functus Officio, Certificate on Points of Law
Source Language
English
Family Law Civil Procedure Extension of Time Technical Delay Functus Officio Certificate on Points of Law

Case Brief

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Parties

Elly Peter Sanya

Appellant

Ester Nelson

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether time spent prosecuting an application in the Court of Appeal constitutes good cause for extension of time to lodge notice of appeal and apply for certificate on points of law
  2. 2 Whether the High Court was functus officio in determining the second application for extension of time

Ratio Decidendi

The High Court erred in refusing extension of time on the basis that the delay was not justified; time spent prosecuting an application in court constitutes technical delay and is a sufficient ground for extension of time. The High Court was not functus officio as the applications were distinct.

Court Disposition

appeal allowed

Orders

  • Proceedings and ruling of the High Court (Chocha, J.) in Misc Civil Application No. 27 of 2014 quashed and set aside
  • High Court record to be remitted back for hearing and determination of Misc Civil Application No. 27 of 2014