20161222 TZHC Dar es Salaam

20161222 TZHC Dar es Salaam

Delay in obtaining a copy of the judgment does not constitute sufficient cause for extension of time to appeal under the Magistrates Courts Act; application dismissed for lack of merit.

Citation
20161222 TZHC Dar es Salaam
Parties
Applicant: Lustika Lijongile; 1st Respondent: Osward Kimbunga; 2nd Respondent: Nassibu Kimbunga; 3rd Respondent: Thomas Kimbunga; 4th Respondent: Tatu Kimbunga; 5th Respondent: Magdalena Kimbunga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Probate Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Lustika Lijongile

Applicant

Osward Kimbunga

1st Respondent

Nassibu Kimbunga

2nd Respondent

Thomas Kimbunga

3rd Respondent

Tatu Kimbunga

4th Respondent

Magdalena Kimbunga

5th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for delay in filing appeal
  2. 2 Whether delay in obtaining copy of judgment constitutes sufficient cause

Ratio Decidendi

Delay in obtaining a copy of the judgment does not constitute sufficient cause for extension of time to appeal under the Magistrates Courts Act; application dismissed for lack of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to appeal is dismissed with costs