20121122 TZHC Dodoma

20121122 TZHC Dodoma

The application was filed outside the fourteen-day limitation period prescribed by Rule 45(a) of the Court of Appeal Rules, 2009, as the court fee was paid on 10/4/2012, making the application incompetent.

Citation
20121122 TZHC Dodoma
Parties
Applicant: Mohamed Salimini; Respondent: Jumanne Mapesa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2012
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs to the respondent.
Legal Topics
Extension of Time, Leave to Appeal, Limitation Period, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Limitation Period Preliminary Objection

Case Brief

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Parties

Mohamed Salimini

Applicant

Jumanne Mapesa

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed limitation period
  2. 2 Whether the application is legally competent in light of procedural defects

Ratio Decidendi

The application was filed outside the fourteen-day limitation period prescribed by Rule 45(a) of the Court of Appeal Rules, 2009, as the court fee was paid on 10/4/2012, making the application incompetent.

Court Disposition

Application struck out with costs to the respondent.

Orders

  • The application is struck out as incompetent.
  • Costs awarded to the respondent.