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The High Court at Sumbawanga granted an ex parte application to enlarge time for filing a notice of appeal, finding record-based illegalities in the probate proceedings.
The delay was caused by a registry error, not the applicant's fault, and sufficient cause was established for extension of time.
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The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.
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Applicant's delay was not due to his own conduct but circumstances beyond his control, specifically prison transfer and loss of notice; these constitute good cause for extension.
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The High Court at Mbeya granted an extension of time to appeal, finding the applicant had shown sufficient cause arising from his imprisonment and late receipt of court documents.
The applicant, being under the control of prison authorities and subject to transfers, was not in a position to act freely, constituting sufficient cause for extension of time to file notice of intention to appeal.
Source excerpt
The High Court granted a prisoner’s application for extension of time to file a notice and memorandum of appeal, finding sufficient cause for the delay.
The High Court dismissed an application to extend time for filing a notice of appeal, finding the applicants failed to account for a 25-day delay or show sufficient cause.
The High Court granted an extension of time to file a Notice of Appeal, finding the applicants had accounted for the delay and acted promptly after the appeal was struck out.
The High Court refused to extend time to lodge a notice of appeal, holding that the applicant did not account for the full delay after withdrawing a revision application.
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