19870515 TZCA Dar es Salaam

19870515 TZCA Dar es Salaam

The application was dismissed because the applicant failed to provide a valid legal basis for amendment or extension of time, as the cited provisions of the Civil Procedure Code do not apply to appeals to the Court of Appeal, and no sufficient reason was given for the delay.

Citation
19870515 TZCA Dar es Salaam
Parties
Applicant: Montmontaza; Respondent: B.D. Shapriya & Co. Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 May 1987
Procedural Posture
Civil Application / Ruling on Application for Amendment of Notice of Appeal and Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Amendment of Notice of Appeal, Extension of Time, Appealability of Orders, Stay of Proceedings, Review Applications
Source Language
English
Civil Procedure Arbitration Amendment of Notice of Appeal Extension of Time Appealability of Orders Stay of Proceedings Review Applications

Case Brief

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Parties

Montmontaza

Applicant

B.D. Shapriya & Co. Ltd.

Respondent

Procedural Posture

Civil Application / Ruling on Application for Amendment of Notice of Appeal and Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to amend the notice of appeal to substitute the correct date of the order appealed from
  2. 2 Whether the applicant is entitled to extension of time to file an amended notice of appeal
  3. 3 Whether time taken in review application can be excluded under the Law of Limitation Act

Ratio Decidendi

The application was dismissed because the applicant failed to provide a valid legal basis for amendment or extension of time, as the cited provisions of the Civil Procedure Code do not apply to appeals to the Court of Appeal, and no sufficient reason was given for the delay.

Court Disposition

Application dismissed with costs

Orders

  • Application for amendment of notice of appeal dismissed
  • Application for extension of time dismissed