19830524 TZHC Musoma

Appellant failed to prove sufficient cause for delay; evidence showed respondent did not abscond, so extension of time was not warranted and suit was timebarred.

Citation: 19830524 TZHC Musoma
Parties: Appellant: Wainani Kihingu; Respondent: Mungera Mussa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 May 1983
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Extension of Time, Limitation of Actions, Damages
Source Language: English

Civil Procedure Extension of Time Limitation of Actions Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Wainani Kihingu

Appellant

Mungera Mussa

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant was entitled to extension of time to file suit for damages
2 Whether the suit was timebarred

Ratio Decidendi

Appellant failed to prove sufficient cause for delay; evidence showed respondent did not abscond, so extension of time was not warranted and suit was timebarred.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs
original suit dismissed as timebarred