joachim lory vs magreth peterjuhudi b 2023 tzhc 15594 17 february 2023

joachim lory vs magreth peterjuhudi b 2023 tzhc 15594 17 february 2023

The appellant failed to act promptly after receiving the judgment copy and did not provide sufficient proof of sickness; the issue of illegality was not raised in the lower court and cannot be entertained on appeal. No sufficient cause was shown for extension of time.

Citation
joachim lory vs magreth peterjuhudi b 2023 tzhc 15594 17 february 2023
Parties
Appellant: Joachim Lory; Respondent: Magreth Peter (Juhudi B)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Sufficient Cause, Illegality as Ground for Extension, Appellate Review
Source Language
English
Civil Procedure Extension of Time Sufficient Cause Illegality as Ground for Extension Appellate Review

Case Brief

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Parties

Joachim Lory

Appellant

Magreth Peter (Juhudi B)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether delay in supplying judgment copy constitutes sufficient reason for extension of time
  2. 2 Whether sickness was sufficiently proved as a ground for extension of time
  3. 3 Whether illegality of the respondent's legal status can be raised as a ground for extension of time on appeal

Ratio Decidendi

The appellant failed to act promptly after receiving the judgment copy and did not provide sufficient proof of sickness; the issue of illegality was not raised in the lower court and cannot be entertained on appeal. No sufficient cause was shown for extension of time.

Court Disposition

appeal dismissed

Orders

  • Each party to bear its own costs