justine rutta vs luchius begenyi 2006 tzhc 289 5 december 2006
The appellant failed to discharge the burden of proving that the documents were not available for collection on the stated dates, and the date of purchase is not proof of unavailability. The evidence, including a possibly tampered receipt, did not support the appellant's claim.
- Citation
- justine rutta vs luchius begenyi 2006 tzhc 289 5 december 2006
- Parties
- Applicant: Justine Rutta; Respondent: Luchius Begenyi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 December 2006
- Procedural Posture
- Civil Appeal / Judgment on Appeal Against Refusal to Extend Time
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Burden of Proof, Appeal Procedure
- Source Language
- English
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 Whether the appellant showed sufficient cause for delay in filing appeal out of time
Ratio Decidendi
The appellant failed to discharge the burden of proving that the documents were not available for collection on the stated dates, and the date of purchase is not proof of unavailability. The evidence, including a possibly tampered receipt, did not support the appellant's claim.
Court Disposition
appeal dismissed
Orders
- costs awarded against the appellant
Full Case Text
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