joina chisewo vs zabron chimya another 2009 tzhc 268 16 october 2009

joina chisewo vs zabron chimya another 2009 tzhc 268 16 october 2009

The applicant, being a lay and unrepresented person who acted diligently but was mistaken about the procedure, established sufficient cause for extension of time. There was no negligence or want of diligence. Justice is better served by allowing the application.

Citation
joina chisewo vs zabron chimya another 2009 tzhc 268 16 october 2009
Parties
Applicant: Joina Chisewo; Respondent: Zabron Chimya; Respondent: Lameck Chimya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2009
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals From Primary Court, Ignorance of Law, Procedural Default
Source Language
English
Civil Procedure Extension of Time Appeals From Primary Court Ignorance of Law Procedural Default

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Parties

Joina Chisewo

Applicant

Zabron Chimya

Respondent

Lameck Chimya

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal out of time

Ratio Decidendi

The applicant, being a lay and unrepresented person who acted diligently but was mistaken about the procedure, established sufficient cause for extension of time. There was no negligence or want of diligence. Justice is better served by allowing the application.

Court Disposition

Application granted

Orders

  • Applicant given fifteen (15) days from the date of the decision to file the intended appeal
  • Costs in the cause