zuberi mussa vs shinyanga town council 2009 tzca 16 28 october 2009

zuberi mussa vs shinyanga town council 2009 tzca 16 28 october 2009

The applicant demonstrated sufficient reasons for delay, having been diligent in pursuing the case, and the mistakes made did not amount to gross negligence or lack of diligence. Therefore, extension of time is granted.

Citation
zuberi mussa vs shinyanga town council 2009 tzca 16 28 october 2009
Parties
Applicant: Zuberi Mussa; Respondent: Shinyanga Town Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 2009
Procedural Posture
Civil Application / Application for Extension of Time to Apply for Review
Outcome
application allowed
Legal Topics
Extension of Time, Review of Court Decisions, Diligence of Advocates
Source Language
English
Civil Procedure Extension of Time Review of Court Decisions Diligence of Advocates

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Parties

Zuberi Mussa

Applicant

Shinyanga Town Council

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Apply for Review

Legal Issues

  1. 1 Whether sufficient reasons exist for extension of time to apply for review under Rule 8 of the Court of Appeal Rules, 1979
  2. 2 Whether the applicant acted diligently in pursuing the case

Ratio Decidendi

The applicant demonstrated sufficient reasons for delay, having been diligent in pursuing the case, and the mistakes made did not amount to gross negligence or lack of diligence. Therefore, extension of time is granted.

Court Disposition

application allowed

Orders

  • Applicant to file application for review within 14 days from the date of this order.
  • Costs to abide the results in the intended application.