19970520 TZCA Dar es Salaam
The applicant acted with reasonable diligence in discovering the omission within two weeks and promptly filed the application for extension of time. This conduct warrants the granting of the extension sought.
- Citation
- 19970520 TZCA Dar es Salaam
- Parties
- Applicant: Michael Lessani Malekwa; Respondent: John Eliafye
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 1997
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Court of Appeal Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Lessani Malekwa
Applicant
John Eliafye
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether inadvertence of applicant's clerk constitutes sufficient cause for extension of time to serve notice of appeal
Ratio Decidendi
The applicant acted with reasonable diligence in discovering the omission within two weeks and promptly filed the application for extension of time. This conduct warrants the granting of the extension sought.
Court Disposition
Application granted
Orders
- Applicant to serve a copy of the notice of appeal and letter to the Registrar on the respondent within 3 days of the ruling
- Costs of the application to abide the results of the appeal
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