20080425 TZHC Dar es Salaam

20080425 TZHC Dar es Salaam

The dismissal of the application for extension of time to file an affidavit in opposition is an interlocutory order and does not finally determine the winding up petition. Therefore, the application for leave to appeal is incompetent and not maintainable under section 5(2)(d) of the Appellate Jurisdiction Act.

Citation
20080425 TZHC Dar es Salaam
Parties
Appellant: Gautam Jayram Chavda; Respondent: Covell Matthews Partnership Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 April 2008
Procedural Posture
Miscellaneous Civil Appeal / Application for Leave to Appeal to the Court of Appeal After Dismissal of Application for Extension of Time to File Affidavit in Opposition
Outcome
Application struck out as incompetent with costs
Legal Topics
Leave to Appeal, Interlocutory Orders, Extension of Time, Service of Process, Winding Up Petition
Source Language
English
Civil Procedure Company Law Appellate Practice Leave to Appeal Interlocutory Orders Extension of Time Service of Process Winding Up Petition

Case Brief

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Parties

Gautam Jayram Chavda

Appellant

Covell Matthews Partnership Ltd

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Application for Leave to Appeal to the Court of Appeal After Dismissal of Application for Extension of Time to File Affidavit in Opposition

Legal Issues

  1. 1 Whether the dismissal of the application for extension of time to file an affidavit in opposition is appealable as of right or is an interlocutory order not subject to appeal
  2. 2 Whether sufficient cause was shown for extension of time to file affidavit in opposition to winding up petition
  3. 3 Whether service of the winding up petition was properly effected

Ratio Decidendi

The dismissal of the application for extension of time to file an affidavit in opposition is an interlocutory order and does not finally determine the winding up petition. Therefore, the application for leave to appeal is incompetent and not maintainable under section 5(2)(d) of the Appellate Jurisdiction Act.

Court Disposition

Application struck out as incompetent with costs

Orders

  • Application for leave to appeal is struck out with costs