20151207 TZCA Mwanza 1

20151207 TZCA Mwanza 1

The preliminary objection did not meet the requirements of a proper preliminary objection as it did not raise a pure point of law apparent on the face of the application. Therefore, the objection was dismissed and the application for extension of time was ordered to be heard on its merits.

Citation
20151207 TZCA Mwanza 1
Parties
Applicant: MZARTC Trading Company Ltd; Respondent: Export Trading Company Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2015
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to File Notice of Appeal
Outcome
Preliminary objection dismissed with costs to the applicant.
Legal Topics
Extension of Time, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Jurisdiction Preliminary Objection

Case Brief

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Parties

MZARTC Trading Company Ltd

Applicant

Export Trading Company Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to extend time to file a notice of appeal after refusal by the High Court
  2. 2 Whether the preliminary objection raised qualifies as a proper preliminary objection under the law

Ratio Decidendi

The preliminary objection did not meet the requirements of a proper preliminary objection as it did not raise a pure point of law apparent on the face of the application. Therefore, the objection was dismissed and the application for extension of time was ordered to be heard on its merits.

Court Disposition

Preliminary objection dismissed with costs to the applicant.

Orders

  • The preliminary objection is dismissed with costs.
  • The application for extension of time to be heard on merit.