20010503 TZHC Mtwara
The applicant demonstrated sufficient cause for the delay in filing the appeal, and the intended appeal raises triable legal issues worth consideration by the court.
Source-derived case information.
- Citation
- 20010503 TZHC Mtwara
- Parties
- Applicant: Intervicoria Manufacturers & Supplies Ltd; Respondent: Kiubre Kaziobi t/a Mabaja Auction Mart and Court Broker
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 May 2001
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Intervicoria Manufacturers & Supplies Ltd
Applicant
Kiubre Kaziobi t/a Mabaja Auction Mart and Court Broker
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether sufficient cause exists for extension of time to file appeal out of time
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay in filing the appeal, and the intended appeal raises triable legal issues worth consideration by the court.
Court Disposition
Application granted
Orders
- Applicants to file their appeal within 30 days from the date of delivery of this ruling.
- Costs in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
·,ii., • • .o . '.t !1 I •; W\c_ ~~~ . IN THE HIGH COURT ., . OF TANZANIA AT MTWARA - ~.....= - ~ - ivrtsc .. CIVIL 1\PPLICATION NO .. 16 OJ? 1999 In the Matter of an Application for extensio~ of time to appeal Jll.l7) :tn the Matter of Misc., Civil Application No. 31 of 1997 of Mtwara RM's Court INTERVIC:IORIA M.i¼.NUFACTURERS ) & SU:PPLIES LTD )"o.oo..il'-'PLICANT versus: I<.iuIBRE KAZIOBj, t/a MABAJ.'1A ) .AUCTION Mlili.T AND COURT BROKER )" uRESPON'DENT 0 --------·---- RULING . ;:.~.( '- .. _This is an application by rthe -l~:.I.>,f>licants INTERVIC'lQ,lifA MANUFl1.CTlJRERS.,_. ,.,ii.ND ------- ~ . _. ,.-. . ..,.,.SUPPLIES LTD: for extension. of time within ,. . ., . . .,._, , . ~ . . . ~~~·---- t·_;• which to file their appeal out.of time~ The .grounds for their -,~. delay are contained in their affidavit accompanying their Chamber Summons and elaborated in their \<ITi tten subrnission.:1 I The respondent I@ffuw JL.iZIOBi~ ~--I'·'ili;B~;:f-'iA _.iJ..UCTION. [lt."i.RT _AND COURT BROKER did not file his counter affida,.ri t., I have carefully considered the grounds for delay as deponed in th~ applicants' affidavit end elaborated-in their written submission. I have been satisfied their delay ·was with sufficient cause. I have also gone carefully through the grounds of the intended appeal. The intended appeal has some crucial tr·iable legal issues worth consideration by this Court., Whether the appellants have overwhelming chances of success is very difficult to sey at this stage under the peculiar circumstances of this case .. Let the applicants file _their appeal within 30 days from the date of delivery of this ruling. Application granted with costs in the causee S .. , .. KAJI JUDGE 3., 5.. ?001 0,,..,,./2_.,.,.., 2 Court: Ruling;has been _delivered ~p the presence of Mshobozi for the applicant and in the absence of the respondent t . although served this 3rd day of May, 20010 ; ' So N .. KAJI JUDGE 3 .. 5.. 2001