20241022 TZCA Arusha

20241022 TZCA Arusha

The applicants demonstrated good cause for the delay in including the omitted exhibits, as the omission was not due to negligence but to circumstances beyond their control, and they acted diligently upon discovery. The court exercised its discretion to grant the extension of time.

Citation
20241022 TZCA Arusha
Parties
Applicant: Ms. Henry Leonard Maeda; Applicant: Ms. Justin Maeda; Respondent: Ms. John Anael Mongi; Respondent: Aichi Leonard Maeda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 October 2024
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Record of Appeal, Omitted Documents
Source Language
English
Civil Procedure Extension of Time Record of Appeal Omitted Documents

Case Brief

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Parties

Ms. Henry Leonard Maeda

Applicant

Ms. Justin Maeda

Applicant

Ms. John Anael Mongi

Respondent

Aichi Leonard Maeda

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether good cause exists to extend time for inclusion of omitted exhibits in the record of appeal

Ratio Decidendi

The applicants demonstrated good cause for the delay in including the omitted exhibits, as the omission was not due to negligence but to circumstances beyond their control, and they acted diligently upon discovery. The court exercised its discretion to grant the extension of time.

Court Disposition

Application granted

Orders

  • Extension of time granted to include Exhibit A-1 collectively, Exhibit R-2 and R-3 in the record of appeal.
  • Applicants given fourteen (14) days from the date of delivery of the ruling to comply.