mary jonh mitchell legal representative of the late isabella john vs silvester magembe c heyo 2 athers 2010 tzhccomd 9 11 may 2010

mary jonh mitchell legal representative of the late isabella john vs silvester magembe c heyo 2 athers 2010 tzhccomd 9 11 may 2010

The fact that the appeal was struck out due to a defective decree bearing a date different from the judgment, which was an error of the court and not of the applicant, constitutes sufficient reason for extension of time under section 11(1) of the Appellate Jurisdiction Act.

Citation
mary jonh mitchell legal representative of the late isabella john vs silvester magembe c heyo 2 athers 2010 tzhccomd 9 11 may 2010
Parties
Applicant: Mary John Mitchell; 1st Respondent: Silvester Magembe Cheyo; 2nd Respondent: Provicom Industries Limited; 3rd Respondent: National Bureau de Change Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
11 May 2010
Procedural Posture
Chamber Application for Extension of Time / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Notice of Appeal, Sufficient Cause, Defective Decree, Appellate Jurisdiction Act
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Sufficient Cause Defective Decree Appellate Jurisdiction Act

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Parties

Mary John Mitchell

Applicant

Silvester Magembe Cheyo

1st Respondent

Provicom Industries Limited

2nd Respondent

National Bureau de Change Ltd

3rd Respondent

Procedural Posture

Chamber Application for Extension of Time / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file notice of appeal out of time under section 11(1) of the Appellate Jurisdiction Act

Ratio Decidendi

The fact that the appeal was struck out due to a defective decree bearing a date different from the judgment, which was an error of the court and not of the applicant, constitutes sufficient reason for extension of time under section 11(1) of the Appellate Jurisdiction Act.

Court Disposition

Application granted

Orders

  • Extension of time granted to file notice of appeal out of time
  • No order as to costs; each party to bear own costs