augustin philbert vs benjamin joseph 1987 tzca 65 18 august 1987

The High Court lacked jurisdiction to grant extension of time to file notice of appeal to the Court of Appeal; therefore, the appeal was incompetent and dismissed.

Citation: augustin philbert vs benjamin joseph 1987 tzca 65 18 august 1987
Parties: Appellant: Augustine Philbert; Respondent: Benjamin Joseph
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 August 1987
Procedural Posture: Civil Appeal / Judgment on Preliminary Objection
Outcome: appeal dismissed as incompetent
Legal Topics: Extension of Time, Notice of Appeal, Jurisdiction
Source Language: English

Civil Procedure Extension of Time Notice of Appeal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Augustine Philbert

Appellant

Benjamin Joseph

Respondent

Procedural Posture

Civil Appeal / Judgment on Preliminary Objection

Legal Issues

1 Whether the notice of appeal was filed within the prescribed time
2 Whether the High Court had jurisdiction to grant extension of time to appeal to the Court of Appeal

Ratio Decidendi

The High Court lacked jurisdiction to grant extension of time to file notice of appeal to the Court of Appeal; therefore, the appeal was incompetent and dismissed.

Court Disposition

appeal dismissed as incompetent

Orders

Appellant to pay costs assessed at Shs. 1,000 to the respondent
Appellant to be refunded Shs. 4,000 from the deposit for costs