MISC

MISC

An application for extension of time to appeal is incompetent before the court if no notice of appeal has been lodged; such an application must be struck out, not withdrawn, once a preliminary objection is raised and conceded.

Citation
MISC
Parties
Applicant: Augustine Ngimilanga; 1st Respondent: Ramadhan Rashid Kuhuka; 2nd Respondent: The Permanent Secretary Ministry of Natural Resources and Tourism; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Extension of Time, Notice of Appeal, Preliminary Objection, Striking Out Applications
Source Language
English
Civil Procedure Land Law Appellate Practice Extension of Time Notice of Appeal Preliminary Objection Striking Out Applications

Case Brief

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Parties

Augustine Ngimilanga

Applicant

Ramadhan Rashid Kuhuka

1st Respondent

The Permanent Secretary Ministry of Natural Resources and Tourism

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for extension of time is competent in absence of notice of appeal
  2. 2 Whether the applicant can withdraw the application after a preliminary objection is raised

Ratio Decidendi

An application for extension of time to appeal is incompetent before the court if no notice of appeal has been lodged; such an application must be struck out, not withdrawn, once a preliminary objection is raised and conceded.

Court Disposition

Application struck out

Orders

  • Application struck out with no order as to costs