martha khotwe vs miston mwanjamila 2013 tzhc 2230 19 february 2013

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Martha Khotwe

Applicant

Miston Mwanjamilia

Respondent

Procedural Posture

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

  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-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.