20160927 TZCA Dar es Salaam

20160927 TZCA Dar es Salaam

An application for extension of time to file a notice of appeal, made more than 2 years and 6 months after refusal by the High Court, is time barred as it should have been filed within 60 days; the proceedings are a nullity.

Citation
20160927 TZCA Dar es Salaam
Parties
Applicant: Bank of Tanzania; Respondent: Said A. Marinda & 30 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2016
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time
Outcome
Application declared a nullity; proceedings nullified.
Legal Topics
Extension of Time, Limitation Periods, Appellate Jurisdiction, Procedural Nullity
Source Language
English
Civil Procedure Appellate Practice Extension of Time Limitation Periods Appellate Jurisdiction Procedural Nullity

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Parties

Bank of Tanzania

Applicant

Said A. Marinda & 30 Others

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time

Legal Issues

  1. 1 Whether an application for extension of time to file notice of appeal, made more than 2 years and 6 months after refusal by the High Court, was filed within time under the Rules

Ratio Decidendi

An application for extension of time to file a notice of appeal, made more than 2 years and 6 months after refusal by the High Court, is time barred as it should have been filed within 60 days; the proceedings are a nullity.

Court Disposition

Application declared a nullity; proceedings nullified.

Orders

  • Entire proceedings before Mandia, J.A. declared a nullity.
  • No order as to costs.