samwe itieghe vs hassan idd and another 2022 tzhc 14747 15 november 2022

samwe itieghe vs hassan idd and another 2022 tzhc 14747 15 november 2022

The applicant established sufficient cause for the delay, including being misled by a non-advocate and not being supplied with records in time; thus, the court exercised its discretion to grant the extension of time.

Citation
samwe itieghe vs hassan idd and another 2022 tzhc 14747 15 november 2022
Parties
Applicant: Samwe Itieghe; 1st Respondent: Hassan Idd; 2nd Respondent: Abd Hamis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Samwe Itieghe

Applicant

Hassan Idd

1st Respondent

Abd Hamis

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reasons for extension of time to file notice of appeal and application for leave to appeal out of time

Ratio Decidendi

The applicant established sufficient cause for the delay, including being misled by a non-advocate and not being supplied with records in time; thus, the court exercised its discretion to grant the extension of time.

Court Disposition

Application granted

Orders

  • Extension of time granted to the applicant to lodge notice of appeal and apply for leave to appeal to the Court of Appeal out of time.