kaansari kinasha vs filemon eliumanginy 2005 tzhc 276 1 november 2005

kaansari kinasha vs filemon eliumanginy 2005 tzhc 276 1 november 2005

The application for extension of time is properly before the court as the intention of both the principal and subsidiary legislation is to allow enlargement of time for appealing. The applicant demonstrated sufficient cause for the delay, as the District Court failed to notify him of the date of delivery of judgment as ordered, and there is no evidence of fault on the applicant's part.

Citation
kaansari kinasha vs filemon eliumanginy 2005 tzhc 276 1 november 2005
Parties
Applicant: Kaansari Kinasha; Respondent: Filbmon Eliumanginy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 November 2005
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal Out of Time, Notification of Judgment, Sufficient Cause for Delay
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Out of Time Notification of Judgment Sufficient Cause for Delay

Case Brief

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Parties

Kaansari Kinasha

Applicant

Filbmon Eliumanginy

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for extension of time to appeal is properly before the court under Section 25 of the Magistrates' Courts Act, 1984 and Rule 3 of G.N. No. 312/1964
  2. 2 Whether the applicant demonstrated sufficient cause for the delay in filing the appeal

Ratio Decidendi

The application for extension of time is properly before the court as the intention of both the principal and subsidiary legislation is to allow enlargement of time for appealing. The applicant demonstrated sufficient cause for the delay, as the District Court failed to notify him of the date of delivery of judgment as ordered, and there is no evidence of fault on the applicant's part.

Court Disposition

Application granted

Orders

  • Extension of time to appeal against the judgment and order of the District Court is granted. The appeal must be instituted within 30 days from the date of this ruling. No order as to costs.