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Tanzania decisions
Decisions matching the current search
The applicant was not notified of the judgment delivery and became aware only upon service of execution documents. She acted promptly thereafter, accounting for each day of delay. This constitutes sufficient cause for extension of time.
Source excerpt
The applicant failed to provide sufficient cause for extension of time, did not account for each day of delay, and did not provide evidence or an affidavit from his advocate to substantiate claims of lack of notice. Negligence and lack of diligence do not justify extension. The application is dismissed with costs.
Source excerpt
The High Court at Kigoma extended time for the applicant to lodge an appeal from a District Land and Housing Tribunal decision, with no order as to costs.
The High Court allowed an appeal for extension of time where the appellant was not notified of the tribunal judgment date and learned of the decision only through execution.
Failure to notify the applicant of the date of judgment delivery constituted sufficient cause for the delay in filing the intended applications; extension of time is therefore warranted.
Source excerpt
The High Court granted leave to appeal out of time, finding the applicant had sufficient cause because judgment was delivered without notice and in the parties’ absence.
The Court of Appeal dismissed a challenge to refusal of extension of time, holding the appellant’s advocate received judgment on his behalf.
The ruling was delivered on 21/11/1997, as evidenced by the court record, and not on 10/3/1998; therefore, the notices of appeal filed on 12th and 23rd March 1998 were out of time and must be struck out. Defects in the affidavit were not fatal to the application, and a Muslim deponent is not prohibited from swearing an oath if he chooses.
Source excerpt
The High Court granted extension of time to file appeal-related steps after judgment was delivered without notice. Leave to appeal was held premature.
The Court of Appeal struck out the civil appeal after a preliminary objection, finding defective service and no required leave to appeal.
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