selemani jabir vs honmary chatanda another 2019 tzca 308 23 august 2019

selemani jabir vs honmary chatanda another 2019 tzca 308 23 august 2019

The applicant showed good cause for delay as he promptly requested the necessary documents and was delayed by the High Court in receiving them. The absence of a certificate of delay does not bar the application since the time to file the appeal had already elapsed after receiving the documents, and sending the applicant back for a certificate would be futile.

Citation
selemani jabir vs honmary chatanda another 2019 tzca 308 23 august 2019
Parties
Applicant: Selemani Jabiri; Respondent: Hon. Mary Chatanda; Respondent: The Registered Trustees of Chama Cha Mapinduzi (CCM)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 August 2019
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Outcome
application granted
Legal Topics
Extension of Time, Appeals, Computation of Limitation Period
Source Language
English
Civil Procedure Extension of Time Appeals Computation of Limitation Period

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Parties

Selemani Jabiri

Applicant

Hon. Mary Chatanda

Respondent

The Registered Trustees of Chama Cha Mapinduzi (CCM)

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an appeal

Ratio Decidendi

The applicant showed good cause for delay as he promptly requested the necessary documents and was delayed by the High Court in receiving them. The absence of a certificate of delay does not bar the application since the time to file the appeal had already elapsed after receiving the documents, and sending the applicant back for a certificate would be futile.

Court Disposition

application granted

Orders

  • Applicant to file appeal within thirty (30) days from the date of delivery of this ruling
  • Costs to be in the cause