20080422 TZCA Arusha 1

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

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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

  1. 1 Whether sufficient cause exists to grant extension of time to appeal
  2. 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.