therod fredrick vs abdu samadu salimu 2023 tzca 17953 11 december 2023

therod fredrick vs abdu samadu salimu 2023 tzca 17953 11 december 2023

Applicant failed to account for each day of delay, thus no sufficient cause for extension on that ground. However, existence of alleged illegalities and prior certification of points of law constitute sufficient reason to grant extension of time.

Citation
therod fredrick vs abdu samadu salimu 2023 tzca 17953 11 december 2023
Parties
Applicant: Therod Fredrick; Respondent: Abdu Samadu Salimu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension
Source Language
English

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Parties

Therod Fredrick

Applicant

Abdu Samadu Salimu

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

  1. 1 Whether sufficient cause was shown for extension of time
  2. 2 Whether alleged illegality constitutes sufficient reason for extension

Ratio Decidendi

Applicant failed to account for each day of delay, thus no sufficient cause for extension on that ground. However, existence of alleged illegalities and prior certification of points of law constitute sufficient reason to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicant permitted to lodge notice of appeal out of time within thirty (30) days from date of order