jacktan sigala vs elly ngole others 2016 tzhc 2267 15 december 2016

jacktan sigala vs elly ngole others 2016 tzhc 2267 15 december 2016

Despite negligence by the applicant's counsel, the court exercised its discretion to grant extension of time due to the protracted nature of the dispute, the time and energy expended, and the evidence produced by the applicant outweighing the negligence.

Citation
jacktan sigala vs elly ngole others 2016 tzhc 2267 15 december 2016
Parties
Applicant: Jacktan Sigala; Respondent: Elly Ngole; Respondent: Issack Nyigu; Respondent: Joseph Salingwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation of Actions, Appeals
Source Language
English
Civil Procedure Extension of Time Limitation of Actions Appeals

Case Brief

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Parties

Jacktan Sigala

Applicant

Elly Ngole

Respondent

Issack Nyigu

Respondent

Joseph Salingwa

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for delay to warrant extension of time to file an appeal

Ratio Decidendi

Despite negligence by the applicant's counsel, the court exercised its discretion to grant extension of time due to the protracted nature of the dispute, the time and energy expended, and the evidence produced by the applicant outweighing the negligence.

Court Disposition

Application granted

Orders

  • Leave granted to file the appeal out of time
  • Applicant given 21 days from the date of ruling to file the appeal