nuru omary ligalwike vs kpwele eo ndunguru 2016 tzca 833 21 july 2016

nuru omary ligalwike vs kpwele eo ndunguru 2016 tzca 833 21 july 2016

The applicant's reasons for delay, including ignorance of procedure and financial constraints, constitute good cause. Inadvertence by counsel is generally insufficient, but in this case, the circumstances justify extension of time.

Citation
nuru omary ligalwike vs kpwele eo ndunguru 2016 tzca 833 21 july 2016
Parties
Applicant: Nuru Omary Ligalwike; Respondent: Kipwele E.O. Ndunguru
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 July 2016
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Stay of Execution
Outcome
application granted
Legal Topics
Extension of Time, Stay of Execution, Failure to File Written Submissions
Source Language
English
Civil Procedure Extension of Time Stay of Execution Failure to File Written Submissions

Case Brief

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Parties

Nuru Omary Ligalwike

Applicant

Kipwele E.O. Ndunguru

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Apply for Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for stay of execution
  2. 2 Whether inadvertence of counsel constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant's reasons for delay, including ignorance of procedure and financial constraints, constitute good cause. Inadvertence by counsel is generally insufficient, but in this case, the circumstances justify extension of time.

Court Disposition

application granted

Orders

  • Extension of time to apply for stay of execution granted
  • Application for stay of execution to be lodged within thirty days of delivery of the ruling