laurence kapela vs emmanuel urassa 2007 tzhc 485 23 february 2007

laurence kapela vs emmanuel urassa 2007 tzhc 485 23 february 2007

The application was incompetent due to non-citation of the enabling provision of the law, and even on merits, the applicant failed to provide sufficient cause for the delay, as there was no explanation for the 4-day delay after receiving the judgment.

Citation
laurence kapela vs emmanuel urassa 2007 tzhc 485 23 february 2007
Parties
Applicant: Laurence Kapela; Respondent: Emmanuel Urassa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 February 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Appeals From Primary Courts
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Appeals From Primary Courts

Case Brief

Summary, issues, holding and outcome

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Parties

Laurence Kapela

Applicant

Emmanuel Urassa

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the application for leave to appeal out of time is competent
  2. 2 Whether sufficient cause for delay in filing the appeal has been established

Ratio Decidendi

The application was incompetent due to non-citation of the enabling provision of the law, and even on merits, the applicant failed to provide sufficient cause for the delay, as there was no explanation for the 4-day delay after receiving the judgment.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs