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
Case Brief
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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
Legal Issues
- 1 Whether sufficient cause was shown for extension of time
- 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
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