20060928 TZCA Dar es Salaam1

20060928 TZCA Dar es Salaam1

An application for leave to appeal to the Court of Appeal, after refusal by the High Court, is incompetent if not accompanied by a copy of the High Court order refusing leave at the time of filing, as required by Rule 46(3) of the Court of Appeal Rules, 1979. Forwarding the order later without leave does not cure the defect.

Citation
20060928 TZCA Dar es Salaam1
Parties
Applicant: James Makundi; Respondent: George Wamaingu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2006
Procedural Posture
Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome
Application struck out with costs
Legal Topics
Leave to Appeal, Extension of Time, Procedural Compliance, Preliminary Objection
Source Language
English
Civil Procedure Leave to Appeal Extension of Time Procedural Compliance Preliminary Objection

Case Brief

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Parties

James Makundi

Applicant

George Wamaingu

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether an application for leave to appeal is competent if not accompanied by a copy of the High Court order refusing leave as required by Rule 46(3) of the Court of Appeal Rules, 1979

Ratio Decidendi

An application for leave to appeal to the Court of Appeal, after refusal by the High Court, is incompetent if not accompanied by a copy of the High Court order refusing leave at the time of filing, as required by Rule 46(3) of the Court of Appeal Rules, 1979. Forwarding the order later without leave does not cure the defect.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs