20080328 TZHC Dar es Salaam

20080328 TZHC Dar es Salaam

The applicant provided a reasonable explanation for the delay due to illness, and the points raised for appeal are pure points of law worthy of consideration by the Court of Appeal. Therefore, both the extension of time and leave to appeal are granted.

Citation
20080328 TZHC Dar es Salaam
Parties
Applicant: Kennedy Mushi; 1st Respondent: General Tyre; 2nd Respondent: Silva General Distributors
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2008
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal granted
Legal Topics
Extension of Time, Leave to Appeal, Negligence, Manufacturing Defects
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Negligence Manufacturing Defects

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Parties

Kennedy Mushi

Applicant

General Tyre

1st Respondent

Silva General Distributors

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient reason for extension of time to apply for leave to appeal
  2. 2 Whether the points raised for leave to appeal are points of law or fact

Ratio Decidendi

The applicant provided a reasonable explanation for the delay due to illness, and the points raised for appeal are pure points of law worthy of consideration by the Court of Appeal. Therefore, both the extension of time and leave to appeal are granted.

Court Disposition

Application for extension of time and leave to appeal granted

Orders

  • Extension of time to apply for leave to appeal granted
  • Leave to appeal to the Court of Appeal granted