martha khotwe vs miston mwanjamila 2013 tzhc 2230 19 february 2013
The applicant failed to provide cogent reasons for not lodging the notice of appeal within the prescribed thirty-day period, as awaiting court documents is not a valid excuse when the party was present at the pronouncement of the decision.
- Citation
- martha khotwe vs miston mwanjamila 2013 tzhc 2230 19 february 2013
- Parties
- Applicant: Martha Khotwe; Respondent: Miston Mwanjamilia
- 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, Certificate for Appeal, Limitation Period
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Martha Khotwe
Applicant
Miston Mwanjamilia
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Certificate for Appeal
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file a notice of appeal
- 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-day period, as awaiting court documents is not a valid excuse when the party was present at the pronouncement of the decision.
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.
Full Case Text
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