hawa issa nchirya vs ramadhani iddi nchirya and 2 others 2021 tzca 450 7 september 2021
The applicant failed to provide sufficient evidence that her illness accounted for the entire period of delay and did not account for each day of delay, particularly the 94 days after the expiry of the appeal period, thus failing to show good cause for extension of time.
- Citation
- hawa issa nchirya vs ramadhani iddi nchirya and 2 others 2021 tzca 450 7 september 2021
- Parties
- Applicant: Hawa Issa Nchirya; Respondent: Ramadhani Iddi Nchirya; Respondent: Hassan Iddi Nchirya; Respondent: Hamis Adinani
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 September 2021
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to Institute Appeal
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Appeal Procedure, Limitation Period
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hawa Issa Nchirya
Applicant
Ramadhani Iddi Nchirya
Respondent
Hassan Iddi Nchirya
Respondent
Hamis Adinani
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Institute Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to institute an appeal
- 2 Whether the applicant has accounted for each day of delay
Ratio Decidendi
The applicant failed to provide sufficient evidence that her illness accounted for the entire period of delay and did not account for each day of delay, particularly the 94 days after the expiry of the appeal period, thus failing to show good cause for extension of time.
Court Disposition
Application dismissed
Orders
- No order as to costs
Full Case Text
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