20181206 tzhc arusha

20181206 tzhc arusha

The applicant's delay was primarily caused by the trial court's failure to provide correct documents, not by the applicant's negligence. It would be unfair to penalize the applicant for the court's fault. Therefore, sufficient cause for extension of time is established.

Citation
20181206 tzhc arusha
Parties
Applicant: Morgan Jacob Moshi; Respondent: Glory Benjamin Kanza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Matrimonial Proceedings, Appeals, Limitation of Actions
Source Language
English
Family Law Civil Procedure Extension of Time Matrimonial Proceedings Appeals Limitation of Actions

Case Brief

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Parties

Morgan Jacob Moshi

Applicant

Glory Benjamin Kanza

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file an appeal in matrimonial proceedings

Ratio Decidendi

The applicant's delay was primarily caused by the trial court's failure to provide correct documents, not by the applicant's negligence. It would be unfair to penalize the applicant for the court's fault. Therefore, sufficient cause for extension of time is established.

Court Disposition

application granted

Orders

  • Applicant to file intended appeal within 30 days from the date of being supplied with a copy of this ruling.
  • No order as to costs.