20130914 TZCA Dodoma
The applicant's sickness, supported by medical evidence and absence of a rebuttal from the respondent, constitutes sufficient reason for the delay. The applicant diligently pursued his rights, and the High Court's assessment of his health was flawed. Extension of time is granted.
- Citation
- 20130914 TZCA Dodoma
- Parties
- Applicant: John David Kashekya; Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 September 2013
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal and Appeal Out of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Sufficient Cause for Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John David Kashekya
Applicant
The Attorney General
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal and Appeal Out of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for delay to warrant extension of time to file notice of appeal and appeal out of time
Ratio Decidendi
The applicant's sickness, supported by medical evidence and absence of a rebuttal from the respondent, constitutes sufficient reason for the delay. The applicant diligently pursued his rights, and the High Court's assessment of his health was flawed. Extension of time is granted.
Court Disposition
Application granted
Orders
- Extension of time to file notice of appeal and memorandum of appeal out of time granted. Both documents to be filed within thirty days from the date of the ruling.
- No order as to costs.
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