20150130 TZHC Arusha

20150130 TZHC Arusha

The applicant was within time to file the intended appeal as per the Limitation Act, but since time has now lapsed, extension is granted to avoid punishing the applicant for being too careful in pursuing his right.

Citation
20150130 TZHC Arusha
Parties
Applicant: Sifaeli Erasto Mmbando; Respondent: Ester Daniel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 January 2015
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Limitation Period, Appeals
Source Language
English
Civil Procedure Extension of Time Limitation Period Appeals

Case Brief

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Parties

Sifaeli Erasto Mmbando

Applicant

Ester Daniel

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant was within time to file the intended appeal
  2. 2 Whether extension of time should be granted

Ratio Decidendi

The applicant was within time to file the intended appeal as per the Limitation Act, but since time has now lapsed, extension is granted to avoid punishing the applicant for being too careful in pursuing his right.

Court Disposition

Application allowed

Orders

  • Applicant is given extension of time to file the intended appeal within fourteen days from the date of this ruling, on or before 13 February 2015.
  • Costs to follow cause.