ashante goldfileds limited vs constantine holandi 2008 tzhc 209 17 april 2008

ashante goldfileds limited vs constantine holandi 2008 tzhc 209 17 april 2008

The application was filed outside the prescribed fourteen-day period and the applicant failed to seek extension of time as required by law, rendering the application time-barred.

Citation
ashante goldfileds limited vs constantine holandi 2008 tzhc 209 17 april 2008
Parties
Applicant: Ashante Goldfields Limited; Respondent: Constantine Holandi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
application struck out as time-barred
Legal Topics
Leave to Appeal, Extension of Time, Time Limitation, Appellate Jurisdiction
Source Language
English
Civil Procedure Leave to Appeal Extension of Time Time Limitation Appellate Jurisdiction

Case Brief

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Parties

Ashante Goldfields Limited

Applicant

Constantine Holandi

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time
  2. 2 Whether failure to attach a copy of the judgment justified the delay
  3. 3 Whether the applicant should have sought extension of time under section 11(1) of the Appellate Jurisdiction Act

Ratio Decidendi

The application was filed outside the prescribed fourteen-day period and the applicant failed to seek extension of time as required by law, rendering the application time-barred.

Court Disposition

application struck out as time-barred

Orders

  • The application is struck out for being time-barred.
  • The respondent shall have the costs of this application.