19980228 TZHC Dar es Salaam

Although inadvertence is not a sufficient reason for extension of time, the existence of a crucial legal issue deserving appellate pronouncement justifies granting the extension in the interests of justice.

Citation: 19980228 TZHC Dar es Salaam
Parties: Respondent: Bas Lei Mrema; Applicant: Esther Swai
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 February 1998
Procedural Posture: Civil Appeal / Application for Extension of Time to Serve Notice of Appeal
Outcome: Application granted
Legal Topics: Extension of Time, Service of Notice, Court of Appeal Rules, Discretion of Court
Source Language: English

Civil Procedure Extension of Time Service of Notice Court of Appeal Rules Discretion of Court

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Parties

Bas Lei Mrema

Respondent

Esther Swai

Applicant

Procedural Posture

Civil Appeal / Application for Extension of Time to Serve Notice of Appeal

Legal Issues

1 Whether sufficient reason exists to grant extension of time for serving Notice of Appeal
2 Whether inadvertence or negligence constitutes sufficient reason for extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Extension of time to serve Notice of Appeal granted, service to be effected within one day of ruling
Respondent entitled to costs of the application