basil gerard mosha and 3 others vs ally salimu 2014 tzca 261 17 march 2014

basil gerard mosha and 3 others vs ally salimu 2014 tzca 261 17 march 2014

The application was time barred under Rule 45(b) as it was filed 123 days after the expiry of the fourteen-day period, and Rule 49(3) does not override the limitation period. No formal application for extension of time was made under Rule 10, and reasons for delay are only relevant in such an application.

Source-derived case information.

Citation
basil gerard mosha and 3 others vs ally salimu 2014 tzca 261 17 march 2014
Parties
Applicant: Bazil Gerald Mosha; Applicant: Valeri Gerald Mosha; Applicant: Semen Gerald Mosha; Applicant: Hasinti Gerald Mosha; Respondent: Not named (Respondent)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 March 2014
Procedural Posture
Civil Application / Application for Leave to Appeal to Court of Appeal After Refusal by High Court
Outcome
Application struck out as incompetent
Legal Topics
Leave to Appeal, Limitation Period, Extension of Time, Court of Appeal Rules
Source Language
english
Civil Procedure Leave to Appeal Limitation Period Extension of Time Court of Appeal Rules

Source-derived case record

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Parties

Bazil Gerald Mosha

Applicant

Valeri Gerald Mosha

Applicant

Semen Gerald Mosha

Applicant

Hasinti Gerald Mosha

Applicant

Not named (Respondent)

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to Court of Appeal After Refusal by High Court

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time under Rule 45(b) of the Court of Appeal Rules, 2009
  2. 2 Whether Rule 49(3) can override the time limitation in Rule 45(b)
  3. 3 Whether delay in obtaining a drawn order from the High Court justifies late filing under Rule 45(b)

Ratio Decidendi

The application was time barred under Rule 45(b) as it was filed 123 days after the expiry of the fourteen-day period, and Rule 49(3) does not override the limitation period. No formal application for extension of time was made under Rule 10, and reasons for delay are only relevant in such an application.

Court Disposition

Application struck out as incompetent

Orders

  • Application declared incompetent and struck out
  • No order as to costs