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
Case Brief
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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
Legal Issues
- 1 Whether applicant has shown sufficient cause for extension of time to appeal
- 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
Full Case Text
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