20080422 TZCA Arusha 1
Filing a precautionary application for extension of time to appeal, pending determination of leave to appeal in the High Court, constitutes sufficient cause under Rule 8 of the Court Rules. The technical objections raised by the respondents are unconvincing and do not justify dismissal of the application.
- Citation
- 20080422 TZCA Arusha 1
- Parties
- Applicant: Eric Massawe; Respondent: TANROADS; Respondent: Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 April 2008
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Leave to Appeal, Precautionary Applications, Service of Documents
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Eric Massawe
Applicant
TANROADS
Respondent
Attorney General
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to appeal
- 2 Whether the application is premature or procedurally defective
Ratio Decidendi
Filing a precautionary application for extension of time to appeal, pending determination of leave to appeal in the High Court, constitutes sufficient cause under Rule 8 of the Court Rules. The technical objections raised by the respondents are unconvincing and do not justify dismissal of the application.
Court Disposition
Application granted
Orders
- Extension of time to appeal granted as a precautionary measure, subject to time running from supply of the High Court ruling and certificate of delay if leave is granted.
- No order as to costs.
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