20161103 TZHC Dar es Salaam 1
The delay was caused by the applicant's initial application being struck out for citing the wrong provision of law, not due to negligence or intentional delay. Since the initial application was filed within time and the interests of justice require substantive determination, extension of time is granted.
- Citation
- 20161103 TZHC Dar es Salaam 1
- Parties
- Applicant: Julius Peter Nkonya; Respondent: William Michael Kudoja
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 November 2016
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Leave to Appeal, Probate Administration, Discretionary Powers
- Source Language
- English
Case Brief
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Parties
Julius Peter Nkonya
Applicant
William Michael Kudoja
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file application for leave to appeal to the Court of Appeal out of time
Ratio Decidendi
The delay was caused by the applicant's initial application being struck out for citing the wrong provision of law, not due to negligence or intentional delay. Since the initial application was filed within time and the interests of justice require substantive determination, extension of time is granted.
Court Disposition
Application granted
Orders
- Applicant granted fourteen days from the date of ruling to file application for leave to appeal to the Court of Appeal out of time.
- Each party to bear his own costs.
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