janeth mabula muya vs justin jackson swai 2020 tzhc 3999 26 november 2020

janeth mabula muya vs justin jackson swai 2020 tzhc 3999 26 november 2020

The applicant's delay was technical, not actual, as she acted promptly after withdrawing the incompetent appeal and filed the application for extension within 8 days. The court found sufficient cause and no prejudice to the respondent, thus granting the extension.

Citation
janeth mabula muya vs justin jackson swai 2020 tzhc 3999 26 november 2020
Parties
Applicant: Janeth Mabula Muya; Respondent: Justin Jackson Swai
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Execution of Matrimonial Decree
Source Language
English
Civil Procedure Family Law Extension of Time Revision Execution of Matrimonial Decree

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Parties

Janeth Mabula Muya

Applicant

Justin Jackson Swai

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision out of time

Ratio Decidendi

The applicant's delay was technical, not actual, as she acted promptly after withdrawing the incompetent appeal and filed the application for extension within 8 days. The court found sufficient cause and no prejudice to the respondent, thus granting the extension.

Court Disposition

Application granted

Orders

  • Applicant to file application for revision within ten (10) days from the date of delivery of this ruling
  • Costs to be in the course