RULING

RULING

The period spent pursuing the defective appeal constitutes technical delay and is excluded from the computation of limitation. The remaining delay was not inordinate and justified by the need to report to the client and prepare the application. The applicant has exhibited good cause for extension of time.

Citation
RULING
Parties
Applicant: Simba Logistic Limited; 1st Respondent: Mohamed Ubwa Ramadhani; 2nd Respondent: Daniel Kinasa Ndembi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 July 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Technical Delay, Appeals, Law of Limitation
Source Language
English
Civil Procedure Extension of Time Technical Delay Appeals Law of Limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Simba Logistic Limited

Applicant

Mohamed Ubwa Ramadhani

1st Respondent

Daniel Kinasa Ndembi

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to appeal
  2. 2 Whether technical delay constitutes good cause for extension of time

Ratio Decidendi

The period spent pursuing the defective appeal constitutes technical delay and is excluded from the computation of limitation. The remaining delay was not inordinate and justified by the need to report to the client and prepare the application. The applicant has exhibited good cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant is given 14 days from the date of ruling to lodge appeal