felician credo simwela vs quamara massod battezy another 2020 tzhc 4184 24 november 2020

felician credo simwela vs quamara massod battezy another 2020 tzhc 4184 24 november 2020

The applicant was not responsible for the omission that led to the striking out of the initial appeal, and the sixteen-day delay 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 4184 24 november 2020
Parties
Applicant: FELICIAN CREDO SIMWELA; Respondent: QUAMARA MASSOD BATTEZY; 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, Appeals, Law of Limitation
Source Language
English
Civil Procedure Extension of Time Appeals Law of Limitation

Case Brief

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Parties

FELICIAN CREDO SIMWELA

Applicant

QUAMARA MASSOD BATTEZY

Respondent

ABDILLAH AHAMED YUSUPH

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 whether the applicant has adduced sufficient reasons for the delay in filing an appeal

Ratio Decidendi

The applicant was not responsible for the omission that led to the striking out of the initial appeal, and the sixteen-day delay 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 given thirty days to lodge appeal out of time
  • no order as to costs