20130219 TZHC Mbeya

20130219 TZHC Mbeya

The applicant failed to provide cogent reasons for not lodging the notice of appeal within the prescribed thirty days, as awaiting court documents is not a valid excuse when the applicant was present at the delivery of the ruling. Therefore, the application for extension of time is rejected.

Citation
20130219 TZHC Mbeya
Parties
Applicant: Martha Khotwe; Respondent: Miston Mwanjamila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 February 2013
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Certificate for Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Appellate Procedure
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Appellate Procedure

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Parties

Martha Khotwe

Applicant

Miston Mwanjamila

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Certificate for Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a notice of appeal
  2. 2 Whether a certificate for appeal to the Court of Appeal should be granted

Ratio Decidendi

The applicant failed to provide cogent reasons for not lodging the notice of appeal within the prescribed thirty days, as awaiting court documents is not a valid excuse when the applicant was present at the delivery of the ruling. Therefore, the application for extension of time is rejected.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is rejected
  • Application for certificate for appeal is dismissed as superfluous