20170322 TZHC Dar es Salaam

20170322 TZHC Dar es Salaam

Failure to comply with Rule 3 of the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N. No. 312 of 1964 by not accompanying the application with grounds of appeal renders the application incompetent and the court was not properly moved.

Citation
20170322 TZHC Dar es Salaam
Parties
Applicant: Pili Mohamed Chawa; Respondent: Kondo Athumani Mohamed
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Appeals, Probate and Administration
Source Language
English
Civil Procedure Extension of Time Appeals Probate and Administration

Case Brief

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Parties

Pili Mohamed Chawa

Applicant

Kondo Athumani Mohamed

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient cause for extension of time to file an appeal
  2. 2 Whether failure to accompany the application with grounds of appeal renders it incompetent

Ratio Decidendi

Failure to comply with Rule 3 of the Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, G.N. No. 312 of 1964 by not accompanying the application with grounds of appeal renders the application incompetent and the court was not properly moved.

Court Disposition

Application struck out with costs

Orders

  • Application struck out for incompetence
  • Costs awarded to respondent