20100312 TZHC Dar es Salaam

20100312 TZHC Dar es Salaam

The High Court is incompetent to entertain and determine the application for leave to appeal while a review application is pending before the Court of Appeal, and the applicant failed to comply with the requirement to seek extension of time, rendering the application incompetent.

Citation
20100312 TZHC Dar es Salaam
Parties
Applicant: Haji Khalfani; Respondent: Shirika la Usafiri Dar es Salaam (UDA)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 2010
Procedural Posture
Civil Revision / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Leave to Appeal, Preliminary Objection, Court Jurisdiction, Extension of Time
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Preliminary Objection Court Jurisdiction Extension of Time

Case Brief

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Parties

Haji Khalfani

Applicant

Shirika la Usafiri Dar es Salaam (UDA)

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court can entertain an application for leave to appeal while a review application is pending before the Court of Appeal
  2. 2 Whether the application for leave to appeal is competent given the procedural history and time limitations

Ratio Decidendi

The High Court is incompetent to entertain and determine the application for leave to appeal while a review application is pending before the Court of Appeal, and the applicant failed to comply with the requirement to seek extension of time, rendering the application incompetent.

Court Disposition

Application struck out

Orders

  • Application struck out with costs