20191219 TZHC Dar es Salaam

Extension of time is granted as the delay was technical, not negligent, and the ground of illegality in the trial court's decision remains uncontested and is sufficient for extension.

Citation: 20191219 TZHC Dar es Salaam
Parties: Applicant: Nyageni Jonas Mateng'e; Respondent: Dr. Richard Kigaraba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 December 2019
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Appeals, Limitation, Illegality as Ground for Extension
Source Language: English

Civil Procedure Extension of Time Appeals Limitation Illegality as Ground for Extension

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Nyageni Jonas Mateng'e

Applicant

Dr. Richard Kigaraba

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether sufficient cause exists for extension of time to file appeal
2 Whether alleged illegality in trial court's decision justifies extension
3 Whether applicant's delay constitutes negligence or technical lapse

Ratio Decidendi

Extension of time is granted as the delay was technical, not negligent, and the ground of illegality in the trial court's decision remains uncontested and is sufficient for extension.

Court Disposition

Application granted

Orders

Applicant granted extension of time to file appeal within twenty one (21) days from date of ruling
No order as to costs; each party to bear own costs