richard mlagala others vs aikael minja others 2015 tzca 544 16 december 2015

richard mlagala others vs aikael minja others 2015 tzca 544 16 december 2015

The applicants' failure to file written submissions within the prescribed time due to advocate's illness and commitments constitutes good cause for extension of time, but not for waiving the requirement entirely. Justice requires granting an opportunity to file a formal application for extension of time.

Citation
richard mlagala others vs aikael minja others 2015 tzca 544 16 december 2015
Parties
Applicant: Richard M Lagala; Applicant: Sifa P. Nanyaro; Applicant: Aidan Kunyanja; Applicant: Juliana Palangyo; Applicant: John Sande; Applicant: Emil Lagate; Applicant: Rogasian Laswai; Applicant: Ernest Maembe; Applicant: Lupakisyo Mwang'onda; Applicant: Samwel Ndirange; Respondent: Aikael Minja; Respondent: Hamis Msuya; Respondent: A. Rumaya; Respondent: A. Magoti
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 December 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed in part
Legal Topics
Extension of Time, Supplementing Record of Appeal, Non Compliance With Procedural Rules
Source Language
English
Civil Procedure Extension of Time Supplementing Record of Appeal Non Compliance With Procedural Rules

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Parties

Richard M Lagala

Applicant

Sifa P. Nanyaro

Applicant

Aidan Kunyanja

Applicant

Juliana Palangyo

Applicant

John Sande

Applicant

Emil Lagate

Applicant

Rogasian Laswai

Applicant

Ernest Maembe

Applicant

Lupakisyo Mwang'onda

Applicant

Samwel Ndirange

Applicant

Aikael Minja

Respondent

Hamis Msuya

Respondent

A. Rumaya

Respondent

A. Magoti

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file written submissions and supplement the record of appeal
  2. 2 Whether illness and advocate's commitments constitute good cause for delay

Ratio Decidendi

The applicants' failure to file written submissions within the prescribed time due to advocate's illness and commitments constitutes good cause for extension of time, but not for waiving the requirement entirely. Justice requires granting an opportunity to file a formal application for extension of time.

Court Disposition

Application allowed in part

Orders

  • Applicants to file a formal application for extension of time to file written submissions
  • No order as to costs