RULING Jane Constantine Kalolo vs

RULING Jane Constantine Kalolo vs

Illegality in the trial court's proceedings due to absence of certificate from Marriage Conciliation Board suffices as good cause for extension of time; economic hardship not established as exceptional circumstance.

Citation
RULING Jane Constantine Kalolo vs
Parties
Applicant: Jane Constantine Kalolo; Respondent: Michael Kutika
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
3 October 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Matrimonial Appeals, Jurisdiction, Illegality as Ground for Extension
Source Language
English
Family Law Civil Procedure Extension of Time Matrimonial Appeals Jurisdiction Illegality as Ground for Extension

Case Brief

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Parties

Jane Constantine Kalolo

Applicant

Michael Kutika

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced good and sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether economic hardship and alleged illegality constitute sufficient grounds for extension

Ratio Decidendi

Illegality in the trial court's proceedings due to absence of certificate from Marriage Conciliation Board suffices as good cause for extension of time; economic hardship not established as exceptional circumstance.

Court Disposition

Application granted

Orders

  • Applicant given fourteen days from date of ruling to lodge appeal before the court