attorney general others vs lembusel mbasha others 2023 tzca 17584 1 september 2023

attorney general others vs lembusel mbasha others 2023 tzca 17584 1 september 2023

The applicants provided a plausible and sufficient explanation for the delay, which was largely due to technical delay and restructuring of the Attorney General's office, and not due to negligence. The existence of a legal issue regarding the award of damages in the impugned judgment further justified extension of time.

Citation
attorney general others vs lembusel mbasha others 2023 tzca 17584 1 september 2023
Parties
Applicant: The Hon. Attorney General; Applicant: Ministry of Defence and National Services; Applicant: Tanzania Military Academy; Respondent: Lembusel Mbasha; Respondent: Saiguran Leking'oria; Respondent: Meliyo Moilo; Respondent: Amani Njashi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Technical Delay, Sufficient Cause
Source Language
English
Civil Procedure Extension of Time Appeals Technical Delay Sufficient Cause

Case Brief

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Parties

The Hon. Attorney General

Applicant

Ministry of Defence and National Services

Applicant

Tanzania Military Academy

Applicant

Lembusel Mbasha

Respondent

Saiguran Leking'oria

Respondent

Meliyo Moilo

Respondent

Amani Njashi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for extension of time to file an appeal

Ratio Decidendi

The applicants provided a plausible and sufficient explanation for the delay, which was largely due to technical delay and restructuring of the Attorney General's office, and not due to negligence. The existence of a legal issue regarding the award of damages in the impugned judgment further justified extension of time.

Court Disposition

Application granted

Orders

  • Applicants granted leave to file the appeal within sixty (60) days from the date of delivery of this ruling.
  • Costs of the application shall abide the final outcome of the appeal.