20170830 TZHC Dar es Salaam

20170830 TZHC Dar es Salaam

Delay caused by advocate's misdirection may constitute sufficient cause, but applicant failed to demonstrate overwhelming chances of success in intended appeal; alleged illegality not substantiated as applicant was heard via written submissions; late supply of judgment and decree not sufficient cause under governing statute.

Citation
20170830 TZHC Dar es Salaam
Parties
Applicant: Husna Said; Respondent: Fatuma Sharify Selemani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Appeals, Natural Justice, Limitation
Source Language
English
Civil Procedure Extension of Time Appeals Natural Justice Limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Husna Said

Applicant

Fatuma Sharify Selemani

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to appeal
  2. 2 Whether delay was justified by lack of timely supply of judgment and decree
  3. 3 Whether alleged illegality of decision constitutes sufficient cause

Ratio Decidendi

Delay caused by advocate's misdirection may constitute sufficient cause, but applicant failed to demonstrate overwhelming chances of success in intended appeal; alleged illegality not substantiated as applicant was heard via written submissions; late supply of judgment and decree not sufficient cause under governing statute.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time to appeal is dismissed.
  • Applicant to pay costs.