sophia mohamed juma vs nmb bank plc 2 others 2023 tzhclandd 17178 28 november 2023
The applicant, though withdrew the appeal without leave, was unrepresented and acted under presumption of right to refile; the delay periods are not inordinate and are reasonable for preparation; sufficient reasons exist for extension of time.
- Citation
- sophia mohamed juma vs nmb bank plc 2 others 2023 tzhclandd 17178 28 november 2023
- Parties
- Applicant: Sophia Mohamed Juma; 1st Respondent: NMB Bank PLC; 2nd Respondent: Nsambo & Company; 3rd Respondent: Ramadhani Juma Mtunguja
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 28 November 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeals, Withdrawal of Suits, Technical Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sophia Mohamed Juma
Applicant
NMB Bank PLC
1st Respondent
Nsambo & Company
2nd Respondent
Ramadhani Juma Mtunguja
3rd Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to extension of time to file an appeal after withdrawal without leave to refile
- 2 Whether the applicant has accounted for all days of delay
Ratio Decidendi
The applicant, though withdrew the appeal without leave, was unrepresented and acted under presumption of right to refile; the delay periods are not inordinate and are reasonable for preparation; sufficient reasons exist for extension of time.
Court Disposition
Application granted
Orders
- Applicant to file intended appeal within 21 days from date of ruling
- No order as to costs
Full Case Text
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