20170216 TZHC Arusha

20170216 TZHC Arusha

Delay in obtaining necessary court documents, particularly the order or decree, constitutes sufficient cause for extension of time; existence of alleged illegalities in the decision further justifies granting the application.

Citation
20170216 TZHC Arusha
Parties
Applicant: Modest John Nicodemus; Applicant: Loiruk John Nicodemus; Respondent: Elirehema Lebayo Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 February 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Probate and Administration, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Probate and Administration Limitation of Actions

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Modest John Nicodemus

Applicant

Loiruk John Nicodemus

Applicant

Elirehema Lebayo Mollel

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to apply for leave to appeal out of time
  2. 2 Whether alleged illegalities in the High Court decision justify extension of time

Ratio Decidendi

Delay in obtaining necessary court documents, particularly the order or decree, constitutes sufficient cause for extension of time; existence of alleged illegalities in the decision further justifies granting the application.

Court Disposition

Application granted

Orders

  • Applicants to file application for leave to appeal to the Court of Appeal within fourteen (14) days from the date of this ruling.