paul alphonce shayo versus tuberio kalolo 2023 tzhc 21570 29 september 2023

paul alphonce shayo versus tuberio kalolo 2023 tzhc 21570 29 september 2023

The District Court properly exercised its discretion in granting extension of time as the respondent provided sufficient and genuine reasons for delay, supported by medical evidence, and accounted for the period of delay.

Citation
paul alphonce shayo versus tuberio kalolo 2023 tzhc 21570 29 september 2023
Parties
Appellant: Paul Alphonce Shayo; Respondent: Tuberio Kalolo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeals, Discretionary Powers, Accounting for Delay
Source Language
English

Case Brief

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Parties

Paul Alphonce Shayo

Appellant

Tuberio Kalolo

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the District Court properly exercised its discretion in granting extension of time to file an appeal
  2. 2 Whether the respondent furnished sufficient reasons for delay

Ratio Decidendi

The District Court properly exercised its discretion in granting extension of time as the respondent provided sufficient and genuine reasons for delay, supported by medical evidence, and accounted for the period of delay.

Court Disposition

appeal dismissed

Orders

  • Each party to bear its own costs