20090223 TZHC Moshi

Disallowing the applicants to file a proper notice of appeal due to a technicality would contravene the constitutional principle that courts should not be unduly bound by technicalities.

Citation: 20090223 TZHC Moshi
Parties: Applicant: Enea Hussein Mrutu; Applicant: Gasper Hussein Mrutu; Respondent: Daniel R. Mfinanga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 February 2009
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: application allowed
Legal Topics: Extension of Time, Notice of Appeal, Technicalities in Procedure
Source Language: English

Civil Procedure Extension of Time Notice of Appeal Technicalities in Procedure

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Parties

Enea Hussein Mrutu

Applicant

Gasper Hussein Mrutu

Applicant

Daniel R. Mfinanga

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether improper signing and filing of notice of appeal constitutes sufficient reason for extension of time

Ratio Decidendi

Disallowing the applicants to file a proper notice of appeal due to a technicality would contravene the constitutional principle that courts should not be unduly bound by technicalities.

Court Disposition

application allowed

Orders

Notice of appeal to be filed within a week from the date of the ruling
No order as to costs