20150423 TZCA Dar es Salaam

20150423 TZCA Dar es Salaam

The application was incompetent because it was filed directly in the Court of Appeal instead of first being filed in the High Court as mandated by Rule 47 of the Tanzania Court of Appeal Rules, 2009, and section 11(1) of the Appellate Jurisdiction Act.

Citation
20150423 TZCA Dar es Salaam
Parties
Applicant: The Board of Trustees of Cashewnut Industry Development Trust Fund; Respondent: Hemmers Incorporation Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 April 2015
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Notice of Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Notice of Appeal, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Jurisdiction Preliminary Objection

Case Brief

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Parties

The Board of Trustees of Cashewnut Industry Development Trust Fund

Applicant

Hemmers Incorporation Co. Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the application for extension of time to file notice of appeal was properly before the Court of Appeal without first being filed in the High Court as required by law

Ratio Decidendi

The application was incompetent because it was filed directly in the Court of Appeal instead of first being filed in the High Court as mandated by Rule 47 of the Tanzania Court of Appeal Rules, 2009, and section 11(1) of the Appellate Jurisdiction Act.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent
  • Applicant to pay costs