shomari kalamba vs ally mbwambo 2019 tzhc 181 31 december 2019

shomari kalamba vs ally mbwambo 2019 tzhc 181 31 december 2019

The applicant demonstrated diligence by promptly requesting judgment and proceedings and following up; the delay was not due to negligence or lack of diligence, thus sufficient cause was established for extension of time.

Source-derived case information.

Citation
shomari kalamba vs ally mbwambo 2019 tzhc 181 31 december 2019
Parties
Applicant: Shomari Kalamba; Respondent: Ally Mbwambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeal Procedure, Judicial Discretion
Source Language
english
Civil Procedure Extension of Time Appeal Procedure Judicial Discretion

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Parties

Shomari Kalamba

Applicant

Ally Mbwambo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

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

Ratio Decidendi

The applicant demonstrated diligence by promptly requesting judgment and proceedings and following up; the delay was not due to negligence or lack of diligence, thus sufficient cause was established for extension of time.

Court Disposition

Application allowed

Orders

  • Applicant granted thirty (30) days from the date of the ruling to file the appeal
  • Costs to abide the outcome of the intended appeal