20171109 TZCA Dar es Salaam 1

The applicant demonstrated good cause for delay due to the Registrar's failure to supply a correct certificate of delay and raised arguable illegalities in the High Court decision, both of which justify extension of time.

Citation: 20171109 TZCA Dar es Salaam 1
Parties: Applicant: Simon Nchagwa; Respondent: Majaliwa Bande; Respondent: John N'Vwajibari
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 November 2017
Procedural Posture: Civil Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Certificate of Delay, Illegality as Ground for Extension
Source Language: English

Civil Procedure Extension of Time Certificate of Delay Illegality as Ground for Extension

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Parties

Simon Nchagwa

Applicant

Majaliwa Bande

Respondent

John N'Vwajibari

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to serve notice of appeal, apply for copies of proceedings, and file appeal out of time
2 Whether delay caused by the Registrar constitutes good cause
3 Whether alleged illegalities in the High Court judgment justify extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant given thirty (30) days from date of ruling to serve respondents with notice of appeal and letter applying for copies of proceedings and to file appeal
Each party to bear its own costs