wilseck kiondo vs elly mtangi 2021 tzhc 2208 19 january 2021

wilseck kiondo vs elly mtangi 2021 tzhc 2208 19 january 2021

The applicant was not guilty of inordinate delay or lack of diligence as the delay was technical, arising from procedural errors in previous applications. Extension of time was granted. However, the applicant failed to demonstrate sufficient grounds or arguable points of law to justify leave to appeal; thus, leave...

Source-derived case information.

Citation
wilseck kiondo vs elly mtangi 2021 tzhc 2208 19 january 2021
Parties
Applicant: Wilseck Kiondo; Respondent: Elly Mtangi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 January 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Extension of time granted; leave to appeal refused; costs awarded to respondent.
Legal Topics
Extension of Time, Leave to Appeal, Technical Delay, Proof of Damages
Source Language
english
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Technical Delay Proof of Damages

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Parties

Wilseck Kiondo

Applicant

Elly Mtangi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file leave to appeal to the Court of Appeal
  2. 2 Whether the applicant has demonstrated sufficient grounds for leave to appeal to the Court of Appeal

Ratio Decidendi

The applicant was not guilty of inordinate delay or lack of diligence as the delay was technical, arising from procedural errors in previous applications. Extension of time was granted. However, the applicant failed to demonstrate sufficient grounds or arguable points of law to justify leave to appeal; thus, leave was refused.

Court Disposition

Extension of time granted; leave to appeal refused; costs awarded to respondent.

Orders

  • Extension of time to file leave to appeal to the Court of Appeal is granted.
  • Leave to appeal to the Court of Appeal is refused.