19970226 TZHC Dar es salaam

19970226 TZHC Dar es salaam

Failure to lodge appeal in time was due to advocate's lateness, not applicant's fault; extension should not be denied due to counsel's negligence.

Citation
19970226 TZHC Dar es salaam
Parties
Applicant: Sebastian Stephen Minja; Respondent: Tanzania Harbours Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 1997
Procedural Posture
Civil Application / Application for Leave to Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Negligence of Counsel
Source Language
English

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Parties

Sebastian Stephen Minja

Applicant

Tanzania Harbours Authority

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal Out of Time

  1. 1 Whether applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether negligence of counsel should bar applicant from extension

Ratio Decidendi

Failure to lodge appeal in time was due to advocate's lateness, not applicant's fault; extension should not be denied due to counsel's negligence.

Court Disposition

Application granted

Orders

  • Extension of time for applicant to appeal to this Court
  • Applicant to file memorandum of appeal within 14 days from today