felician credo simwela vs quamara massod battezy another 2020 tzhc 4463 24 november 2020
The applicant was not responsible for the omission that led to the striking out of the initial appeal, and the delay of sixteen days in filing the present application was not inordinate. The applicant sufficiently explained the reasons for the delay and acted diligently.
- Citation
- felician credo simwela vs quamara massod battezy another 2020 tzhc 4463 24 november 2020
- Parties
- Applicant: FELICIAN CREDO SIMWELA; 1st Respondent: QUAMARA MASSOD BATTEZY; 2nd Respondent: ABDILLAH AHAMED YUSUPH
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 November 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Law of Limitation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
FELICIAN CREDO SIMWELA
Applicant
QUAMARA MASSOD BATTEZY
1st Respondent
ABDILLAH AHAMED YUSUPH
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has adduced sufficient reasons for the delay in filing the appeal
Ratio Decidendi
The applicant was not responsible for the omission that led to the striking out of the initial appeal, and the delay of sixteen days in filing the present application was not inordinate. The applicant sufficiently explained the reasons for the delay and acted diligently.
Court Disposition
Application granted
Orders
- Applicant is given thirty (30) days to lodge his appeal out of time before this court
- No order as to costs
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