hamson hamson ghikas vs gladness laurent shao 2023 tzca 17593 2 august 2023

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

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Parties

Hamson Hamson Ghikas

Appellant

Gladness Laurent Shao

Respondent

Procedural Posture

Matrimonial Appeal / Judgment on Appeal Against Extension of Time

  1. 1 Whether the district court properly exercised its discretion in granting extension of time to appeal
  2. 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.