johnson mulima vs rukia mustapha 2019 tzhc 114 22 october 2019

johnson mulima vs rukia mustapha 2019 tzhc 114 22 october 2019

The applicant applied for copies of decision and proceedings before expiry of appeal time; delay was caused by the court, not the applicant. The 8 days delay after obtaining the judgment was not inordinate.

Citation
johnson mulima vs rukia mustapha 2019 tzhc 114 22 october 2019
Parties
Applicant: Johnson Mulima; Respondent: Rukia Mustapha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 October 2019
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application granted
Legal Topics
Extension of Time, Exclusion of Period for Appeal, Law of Limitation
Source Language
English

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Parties

Johnson Mulima

Applicant

Rukia Mustapha

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

  1. 1 Whether the applicant is entitled to exclusion of period for appeal under the Law of Limitation Act
  2. 2 Whether time should be extended for filing appeal

Ratio Decidendi

The applicant applied for copies of decision and proceedings before expiry of appeal time; delay was caused by the court, not the applicant. The 8 days delay after obtaining the judgment was not inordinate.

Court Disposition

Application granted

Orders

  • Period between 11th April 2017 and 17th July 2017 excluded from computation for filing appeal
  • Time extended for applicant to prefer appeal