hamisi mponda vs niko insurance tanzania limited and others 2023 tzca 240 10 may 2023

hamisi mponda vs niko insurance tanzania limited and others 2023 tzca 240 10 may 2023

Applicant's physical incapacitation and reliance on legal aid constitute exceptional circumstances, making financial constraint a sufficient cause for extension of time.

Citation
hamisi mponda vs niko insurance tanzania limited and others 2023 tzca 240 10 may 2023
Parties
Applicant: Hamisi Mponda; 1st Respondent: Niko Insurance Tanzania Limited; 2nd Respondent: Omary Abdallah Kilindi; 3rd Respondent: Juma Selemani Mpindo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 May 2023
Procedural Posture
Civil Application / Application for Extension of Time to File Leave to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Leave to Appeal, Financial Hardship as Sufficient Cause
Source Language
English

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Parties

Hamisi Mponda

Applicant

Niko Insurance Tanzania Limited

1st Respondent

Omary Abdallah Kilindi

2nd Respondent

Juma Selemani Mpindo

3rd Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Leave to Appeal

  1. 1 Whether financial constraint constitutes sufficient cause for extension of time to apply for leave to appeal

Ratio Decidendi

Applicant's physical incapacitation and reliance on legal aid constitute exceptional circumstances, making financial constraint a sufficient cause for extension of time.

Court Disposition

application granted

Orders

  • Applicant granted fourteen (14) days from date of ruling to file application for leave to appeal.
  • Costs to abide outcome of application for leave.