20170427 TZHC Arusha

20170427 TZHC Arusha

Despite negligence by applicant's counsel, the applicant raised an issue of illegality in the impugned decision. Established legal principle is that allegation of illegality constitutes sufficient reason for extension of time. Therefore, extension of time is granted to allow the applicant to file notice of appeal.

Citation
20170427 TZHC Arusha
Parties
Applicant: Onesmo Nangole; 1st Respondent: Dr. Steven Lemomo Kiruswa; 2nd Respondent / 1st Necessary Party: The Honourable Attorney General; 3rd Respondent / 2nd Necessary Party: The Returning Officer for Longido Parliamentary Constituency
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 April 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Negligence of Counsel, Compliance With Court Orders
Source Language
English
Civil Procedure Election Law Appellate Practice Extension of Time Illegality as Ground for Extension Negligence of Counsel Compliance With Court Orders

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Parties

Onesmo Nangole

Applicant

Dr. Steven Lemomo Kiruswa

1st Respondent

The Honourable Attorney General

2nd Respondent / 1st Necessary Party

The Returning Officer for Longido Parliamentary Constituency

3rd Respondent / 2nd Necessary Party

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause has been established for extension of time to file notice of appeal
  2. 2 Whether negligence of counsel constitutes sufficient cause
  3. 3 Whether allegation of illegality in impugned decision justifies extension of time

Ratio Decidendi

Despite negligence by applicant's counsel, the applicant raised an issue of illegality in the impugned decision. Established legal principle is that allegation of illegality constitutes sufficient reason for extension of time. Therefore, extension of time is granted to allow the applicant to file notice of appeal.

Court Disposition

Application granted

Orders

  • Applicant to file notice of appeal to the Court of Appeal within fourteen (14) days from date of ruling
  • Each party to bear its own costs