20070903 TZHC Arusha

20070903 TZHC Arusha

The applicant demonstrated sufficient cause for delay as the judgment was delivered in the absence of both parties without notice, and there was no proof to the contrary. Therefore, leave to appeal out of time is granted.

Citation
20070903 TZHC Arusha
Parties
Applicant: Tabia Saidi; Respondent: Wilfred Ole Paulo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 September 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Service of Judgment, Jurisdiction
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Service of Judgment Jurisdiction

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Parties

Tabia Saidi

Applicant

Wilfred Ole Paulo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal
  2. 2 Whether the judgment was delivered in the absence of parties without notice

Ratio Decidendi

The applicant demonstrated sufficient cause for delay as the judgment was delivered in the absence of both parties without notice, and there was no proof to the contrary. Therefore, leave to appeal out of time is granted.

Court Disposition

Application granted

Orders

  • Leave to file appeal out of time is granted.
  • Appeal to be lodged within 21 days from the date of this ruling.