19890516 TZCA Zanzibar

19890516 TZCA Zanzibar

Negligence and inaction by the applicant's former counsel in failing to lodge the appeal within time do not constitute sufficient reason under Rule 8 of the Court of Appeal Rules to grant an extension of time. The applicant's remedy lies in a claim for professional negligence against her former counsel, not in the extension of time for appeal.

Citation
19890516 TZCA Zanzibar
Parties
Applicant: Maulid Hussein; Respondent: Abdalla Jumla
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 May 1989
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Professional Negligence, Leave to Appeal, Appellate Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Extension of Time Professional Negligence Leave to Appeal Appellate Jurisdiction

Case Brief

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Parties

Maulid Hussein

Applicant

Abdalla Jumla

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether negligence or inaction by applicant's former counsel constitutes sufficient reason for extension of time under Rule 8 of the Court of Appeal Rules
  2. 2 Whether leave to appeal was properly granted by the High Court
  3. 3 Whether the applicant is entitled to extension of time to lodge an appeal

Ratio Decidendi

Negligence and inaction by the applicant's former counsel in failing to lodge the appeal within time do not constitute sufficient reason under Rule 8 of the Court of Appeal Rules to grant an extension of time. The applicant's remedy lies in a claim for professional negligence against her former counsel, not in the extension of time for appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs of the application