20091026 TZCA Tabora

20091026 TZCA Tabora

The applicant demonstrated sufficient reasons for the delay, as the mistakes made by counsel did not amount to gross negligence or lack of diligence, and the applicant was bona fide in pursuing the matter. Therefore, extension of time was granted.

Citation
20091026 TZCA Tabora
Parties
Applicant: Zuberi Mussa; Respondent: Shinyanga Town Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 October 2009
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Review
Outcome
Application allowed
Legal Topics
Extension of Time, Review of Appellate Decisions, Diligence of Advocates
Source Language
English
Civil Procedure Extension of Time Review of Appellate Decisions Diligence of Advocates

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Parties

Zuberi Mussa

Applicant

Shinyanga Town Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient reasons exist to grant extension of time to apply for review
  2. 2 Whether lack of diligence by counsel constitutes sufficient reason to deny extension of time

Ratio Decidendi

The applicant demonstrated sufficient reasons for the delay, as the mistakes made by counsel did not amount to gross negligence or lack of diligence, and the applicant was bona fide in pursuing the matter. Therefore, extension of time was 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