20140910 TZCA Mwanza

20140910 TZCA Mwanza

The application is incurably defective because both the notice of motion and the notice of appeal refer to a non-existent judgment date, contrary to the mandatory requirements of the rules. The court lacks jurisdiction to grant extension of time where the application is based on an invalid notice of appeal.

Citation
20140910 TZCA Mwanza
Parties
Applicant: Khadija Mlebya; Respondent: Mohamed Amri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 September 2014
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Defective Notice of Motion, Jurisdiction of Appellate Court
Source Language
English
Civil Procedure Appellate Practice Extension of Time Defective Notice of Motion Jurisdiction of Appellate Court

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Parties

Khadija Mlebya

Applicant

Mohamed Amri

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent where the notice of motion and notice of appeal refer to a non-existent judgment date
  2. 2 Whether the defect in the date is curable under the rules

Ratio Decidendi

The application is incurably defective because both the notice of motion and the notice of appeal refer to a non-existent judgment date, contrary to the mandatory requirements of the rules. The court lacks jurisdiction to grant extension of time where the application is based on an invalid notice of appeal.

Court Disposition

Application struck out with costs

Orders

  • The application for extension of time is struck out with costs