furaha mwaikuka vs maka ruben 2020 tzhc 4341 17 december 2020
The applicant demonstrated sufficient cause for the delay, as the period of delay was due to a technical reason (previous appeal struck out) and the application was filed promptly thereafter; no apparent illegality was found on the face of the record, but the technical delay was excusable and justified extension of time.
- Citation
- furaha mwaikuka vs maka ruben 2020 tzhc 4341 17 december 2020
- Parties
- Applicant: Furaha Mwaikuka; Respondent: Maka Rubeni
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 December 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- application granted
- Legal Topics
- Extension of Time, Appeals, Technical Delay, Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Furaha Mwaikuka
Applicant
Maka Rubeni
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant advanced sufficient cause for extension of time to appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay, as the period of delay was due to a technical reason (previous appeal struck out) and the application was filed promptly thereafter; no apparent illegality was found on the face of the record, but the technical delay was excusable and justified extension of time.
Court Disposition
application granted
Orders
- Leave granted for the applicant to file intended appeal within 30 days from the date of the ruling
- No order as to costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment