mariana mwamakula vs stephen s mleo 2021 tzca 75 12 march 2021

The applicant acted diligently by filing the notice of appeal and seeking necessary documents in time, but could not obtain a certificate of delay due to failure to serve the respondent; thus, the application for extension of time is meritorious and granted.

Citation: mariana mwamakula vs stephen s mleo 2021 tzca 75 12 march 2021
Parties: Applicant: Mariana Mwamakula; Respondent: Stephen S. M Leo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 March 2021
Procedural Posture: Civil Application / Application for Extension of Time to File Appeal
Outcome: application allowed
Legal Topics: Extension of Time, Appeals, Certificate of Delay, Procedural Compliance
Source Language: English

Civil Procedure Land Law Extension of Time Appeals Certificate of Delay Procedural Compliance

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Mariana Mwamakula

Applicant

Stephen S. M Leo

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Appeal

Legal Issues

1 Whether the applicant has shown good cause for extension of time to file an appeal
2 Whether failure to serve the respondent with a copy of the letter requesting proceedings disentitles the applicant to a certificate of delay

Ratio Decidendi

Court Disposition

application allowed

Orders

Applicant granted sixty (60) days from the date of ruling to lodge the appeal.
Costs of and incidental to the application to abide the result of the intended appeal.