20120328 TZHC Dar es Salaam

20120328 TZHC Dar es Salaam

The High Court is functus officio regarding the application for extension of time and leave to appeal, having already decided the matter; therefore, it lacks jurisdiction to entertain the present application, which is misconceived and incompetent.

Citation
20120328 TZHC Dar es Salaam
Parties
Applicant: Bertha Bwire; Respondent: Alex Maganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 2012
Procedural Posture
Civil Revision / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Functus Officio, Abuse of Process
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Jurisdiction Functus Officio Abuse of Process

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Parties

Bertha Bwire

Applicant

Alex Maganga

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant extension of time and leave to appeal after previous applications were dismissed
  2. 2 Whether the application is properly before the High Court

Ratio Decidendi

The High Court is functus officio regarding the application for extension of time and leave to appeal, having already decided the matter; therefore, it lacks jurisdiction to entertain the present application, which is misconceived and incompetent.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety
  • Applicant to pay costs to the Respondent