hamson hamson ghikas vs gladness laurent shao 2023 tzca 17593 2 august 2023
The district court correctly exercised its discretion in granting extension of time to the respondent, as the delay was due to late supply of judgment copies, which constituted sufficient cause. There was no misapplication of law or principle by the district court.
- Citation
- hamson hamson ghikas vs gladness laurent shao 2023 tzca 17593 2 august 2023
- Parties
- Appellant: Hamson Hamson Ghikas; Respondent: Gladness Laurent Shao
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 August 2023
- Procedural Posture
- Matrimonial Appeal / Judgment on Appeal Against Extension of Time
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Matrimonial Proceedings, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hamson Hamson Ghikas
Appellant
Gladness Laurent Shao
Respondent
Procedural Posture
Matrimonial Appeal / Judgment on Appeal Against Extension of Time
Legal Issues
- 1 Whether the district court properly exercised its discretion in granting extension of time to appeal
- 2 Whether sufficient cause was established for the delay in filing the appeal
Ratio Decidendi
The district court correctly exercised its discretion in granting extension of time to the respondent, as the delay was due to late supply of judgment copies, which constituted sufficient cause. There was no misapplication of law or principle by the district court.
Court Disposition
appeal dismissed
Orders
- Matrimonial Appeal No. 11 of 2021 before the district court to be restored and hearing to proceed from where it halted.
- Each party to bear their own costs.
Full Case Text
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