20061219 TZHC Mwanza

20061219 TZHC Mwanza

The appellant failed to prove that the documents were unavailable for collection on the stated dates, and the evidence presented (including the Exchequer receipt) was unreliable; thus, no sufficient cause for delay was established.

Citation
20061219 TZHC Mwanza
Parties
Applicant: Justine Rutta; Respondent: Luchius Begenyi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2006
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal to Extend Time
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Burden of Proof, Appeals Process
Source Language
English
Civil Procedure Extension of Time Burden of Proof Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Justine Rutta

Applicant

Luchius Begenyi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal to Extend Time

Legal Issues

  1. 1 Whether the appellant showed sufficient cause for delay in filing an appeal out of time

Ratio Decidendi

The appellant failed to prove that the documents were unavailable for collection on the stated dates, and the evidence presented (including the Exchequer receipt) was unreliable; thus, no sufficient cause for delay was established.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Judgment to be delivered to parties; absent parties to be informed to collect their copy.