fatuma mohamed vs chausiku selema 2022 tzca 805 8 december 2022

Applicant established good cause for delay due to excusable technical delay and court admission process; affidavit in reply's legal inferences tolerated as they did not cause injustice; application granted.

Source-derived case information.

Citation: fatuma mohamed vs chausiku selema 2022 tzca 805 8 december 2022
Parties: Applicant: Fatuma Mohamed; Respondent: Chausiku Selema
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 December 2022
Procedural Posture: Civil Application / Application for Extension of Time to Lodge Notice of Appeal
Outcome: application granted with costs
Legal Topics: Extension of Time, Notice of Appeal, Affidavit Defects, Procedural Technicalities
Source Language: english

Civil Procedure Extension of Time Notice of Appeal Affidavit Defects Procedural Technicalities

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2

Parties

Fatuma Mohamed

Applicant

Chausiku Selema

Respondent

Procedural Posture

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

Legal Issues

1 Whether good cause has been established for extension of time to lodge notice of appeal
2 Whether affidavit in reply contains impermissible legal conclusions

Ratio Decidendi

Court Disposition

application granted with costs

Orders

Notice of appeal to be filed within 30 days from date of ruling

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