20031121 TZHC Arusha

20031121 TZHC Arusha

Applicant demonstrated sustained efforts to pursue remedy and did not remain idle after judgment; ignorance of procedural requirements and bona fide mistake of law constitute sufficient cause for delay, warranting grant of leave to file notice of appeal out of time.

Citation
20031121 TZHC Arusha
Parties
Applicant: Hawa Mohamed; Respondent: Sesara Shabani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2003
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
Outcome
Leave granted to file notice of appeal out of time; extension of time granted for application for leave to appeal and/or certificate for fit case for appeal.
Legal Topics
Extension of Time, Leave to Appeal, Ignorance of Law, Delay in Filing Appeal
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Ignorance of Law Delay in Filing Appeal

Case Brief

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Parties

Hawa Mohamed

Applicant

Sesara Shabani

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to File Notice of Appeal Out of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant leave to file notice of appeal out of time
  2. 2 Whether ignorance of law and circumstances constitute sufficient cause for delay

Ratio Decidendi

Applicant demonstrated sustained efforts to pursue remedy and did not remain idle after judgment; ignorance of procedural requirements and bona fide mistake of law constitute sufficient cause for delay, warranting grant of leave to file notice of appeal out of time.

Court Disposition

Leave granted to file notice of appeal out of time; extension of time granted for application for leave to appeal and/or certificate for fit case for appeal.

Orders

  • Applicant to lodge notice of appeal within two weeks from date of ruling.
  • Extension of time granted for making application for leave to appeal and/or certificate for fit case for appeal within 14 days from date of ruling.