laiboni askofu vs lemomo mollel 2020 tzhc 4618 11 december 2020

laiboni askofu vs lemomo mollel 2020 tzhc 4618 11 december 2020

The applicant demonstrated sufficient cause for delay due to technical reasons and raised a point of law regarding jurisdiction, which constitutes sufficient cause for extension of time. The delay was not inordinate and was made in good faith.

Citation
laiboni askofu vs lemomo mollel 2020 tzhc 4618 11 december 2020
Parties
Applicant: Laiboni @ Askofu; Respondent: Lemomo Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Limitation of Actions, Jurisdiction, Adultery Claims, Appeals
Source Language
English
Civil Procedure Extension of Time Limitation of Actions Jurisdiction Adultery Claims Appeals

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Parties

Laiboni @ Askofu

Applicant

Lemomo Mollel

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for delay in filing an appeal
  2. 2 Whether technical delay and alleged illegality constitute sufficient cause for extension of time

Ratio Decidendi

The applicant demonstrated sufficient cause for delay due to technical reasons and raised a point of law regarding jurisdiction, which constitutes sufficient cause for extension of time. The delay was not inordinate and was made in good faith.

Court Disposition

Application granted

Orders

  • Leave to file appeal out of time granted
  • Appeal to be filed within 30 days from the date of ruling