godfrey anselmi vs kikundi msimamo 2024 tzhc 378 23 february 2024

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

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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

  1. 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