augustin philbert vs benjamin joseph 1987 tzca 24 18 august 1987

The purported extension of time granted by the High Court was ineffective as only the Court of Appeal has jurisdiction to grant such extension; therefore, the appeal was incompetent and dismissed.

Citation: augustin philbert vs benjamin joseph 1987 tzca 24 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, Leave to Appeal, Competence of Appeal
Source Language: English

Civil Procedure Appellate Practice Extension of Time Leave to Appeal Competence of Appeal

Case Brief

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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 judge had jurisdiction to grant extension of time to appeal to the Court of Appeal

Ratio Decidendi

The purported extension of time granted by the High Court was ineffective as only the Court of Appeal has jurisdiction to grant such extension; 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 deposit