zawad adam vs hajara juma 2009 tzhc 209 31 march 2009

zawad adam vs hajara juma 2009 tzhc 209 31 march 2009

The application was incompetent due to citation of the wrong legal provision and lack of evidence or sufficient cause for the delay; negligence and lack of diligence by the applicant and her advocate were established.

Citation
zawad adam vs hajara juma 2009 tzhc 209 31 march 2009
Parties
Applicant: Zawadi Adam; Respondent: Hajara Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2009
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application struck out and dismissed
Legal Topics
Extension of Time, Limitation Period, Proper Citation of Law, Malicious Prosecution
Source Language
English
Civil Procedure Extension of Time Limitation Period Proper Citation of Law Malicious Prosecution

Case Brief

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Parties

Zawadi Adam

Applicant

Hajara Juma

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for extension of time to appeal was properly before the court
  2. 2 Whether sufficient cause was shown for the delay in filing the appeal

Ratio Decidendi

The application was incompetent due to citation of the wrong legal provision and lack of evidence or sufficient cause for the delay; negligence and lack of diligence by the applicant and her advocate were established.

Court Disposition

Application struck out and dismissed

Orders

  • Application is struck out and dismissed with costs