20010503 TZHC Mtwara
The applicant demonstrated sufficient cause for the delay, and the intended appeal raises triable legal issues warranting extension of time.
Source-derived case information.
- Citation
- 20010503 TZHC Mtwara
- Parties
- Applicant: Intervictoria Manufacturers & Supplies Ltd; Respondent: Kaicere Kizibo t/a Mabama Junction 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
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Parties
Intervictoria Manufacturers & Supplies Ltd
Applicant
Kaicere Kizibo t/a Mabama Junction 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 to grant extension of time to appeal
- 2 Whether the intended appeal raises triable legal issues
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay, and the intended appeal raises triable legal issues warranting extension of time.
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
IN :THE HIGH COUR•:r OF .__... .AT MTWARA ____ MISC., CIVIL 1\PPLICATION NOo 16 0]' 1999 In the Matter of an Application for extension of time to appeal AND •"' In the Matter of Misco Civil Application No .. 31 o.f 1997 of Mtwara RM's Court INTERVICTORIA M.i!.NUFACI1URERS } •ti1rrc'·~-T & SUPPLIES L·:rD ) 0 O O O O ~IL •. tu·l versus:· KAICERE Kli.ZIOB.ii t/a MABAMA .) 0 0 BESPOT,TDENT .J.UCTION ML.RT AND COURT BROKER )'· • J.•: F,ULING Kil.JI 1 _.[., This is an application b,y the applicants INTERVIC:rGR!_:A MANUFilCTURERS .f.,.ND · SUPPLIES LTD for extension of time vli thin - - - . _...,. .... ,....._._ - .. ...-i-.----="''"r'9"'C- - - - - - which to file their appeai out of time~ The grounds for their delay are contained in their affidavit accompanying their Chamber Summons and elaborated in their ·written submission~ The respondent JCi~~.fJl,]f_;;.z.J..9.1?.~~- .IJ~:~.:11~i.J~\I9.!~_9N.,}1/iB.~:~Y.Tl2 COURT ,..,,..-;y.., _______ BROKER _ ..... .....__ ... ,_ did not file his counter affidavi.t., . I have carefully considered _.the grounds :for delay as deponed in the applicants' affidavi:c and elaborated in their WJ::>itten submission. I have been satisfied their delay was vr.Lth sufficient cause. I have also gone ca.r.~fully through the grounds .of the intended appeal. The intended appeal has some crucial triable legal issues .1orth consideration by this Court., Whether the 1 appellants have overwhelming chances. of success is very difficult to say at this stage under the peculiar c;ircumstances of this case .. Let the applicants file their appeal within 30 days from the date of deli very of this ruling •. _, ..Application granted with costs in the cause. s.. '.. K..1.JI JUDGE 3.,5 .. 2001 <>•!•/2 .. .,., ~. 1 ___ ..,__,_ Court: Ruling has been delivered in th~ presence of Msbobozi for the applic_ant and in the absenc~ of the respondent al though served this 3rd day· of May\ 2001 o. ·S ~ i~., :K.4J:J'. · JUDG$ 3o5o2cK,1 =ff' 11f:' ,. : '