godfrey anselmi vs kikundi msimamo 2024 tzhc 378 23 february 2024
Where a party promptly requests a copy of the judgment after delivery and is not supplied with it before the expiration of the appeal period, such delay constitutes sufficient reason for extension of time to appeal out of time.
- Citation
- godfrey anselmi vs kikundi msimamo 2024 tzhc 378 23 february 2024
- Parties
- Appellant: Godfrey Anselmi; Respondent: Kikundi Msimamo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2024
- Procedural Posture
- PC Civil Appeal / Ruling on Appeal Against Dismissal of Application for Extension of Time
- Outcome
- Appeal allowed
- Legal Topics
- Extension of Time, Appeals, Sufficient Cause for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Godfrey Anselmi
Appellant
Kikundi Msimamo
Respondent
Procedural Posture
PC Civil Appeal / Ruling on Appeal Against Dismissal of Application for Extension of Time
Legal Issues
- 1 Whether delay in obtaining a copy of the judgment from the primary court constitutes sufficient reason for extension of time to appeal
Ratio Decidendi
Where a party promptly requests a copy of the judgment after delivery and is not supplied with it before the expiration of the appeal period, such delay constitutes sufficient reason for extension of time to appeal out of time.
Court Disposition
Appeal allowed
Orders
- Dismissal order of the district court set aside
- Appellant granted 10 days to lodge appeal to the district court
Full Case Text
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