20151109 TZHC Dar es Salaam

20151109 TZHC Dar es Salaam

Failure to attach Certificate of Delay was a technical oversight, not inaction or negligence; applicants acted diligently and are entitled to exclusion of period appeal was pending. Extension of time granted to file Notice of Appeal.

Citation
20151109 TZHC Dar es Salaam
Parties
Applicant: Ramadhani Bakari & Others; Respondent: Kuruthum Yusuf
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 November 2015
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application granted with costs
Legal Topics
Extension of Time, Appeal Procedure, Certificate of Delay, Court Discretion
Source Language
English
Civil Procedure Appellate Practice Extension of Time Appeal Procedure Certificate of Delay Court Discretion

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Parties

Ramadhani Bakari & Others

Applicant

Kuruthum Yusuf

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient grounds exist to grant extension of time to file Notice of Appeal after appeal was struck out for failure to attach Certificate of Delay
  2. 2 Whether failure to attach Certificate of Delay constitutes negligence or excusable oversight

Ratio Decidendi

Failure to attach Certificate of Delay was a technical oversight, not inaction or negligence; applicants acted diligently and are entitled to exclusion of period appeal was pending. Extension of time granted to file Notice of Appeal.

Court Disposition

Application granted with costs

Orders

  • Applicants to file Notice of Appeal within prescribed time period from date of ruling