20150706 TZCA Arusha
The application for extension of time was misconceived and premature because the applicant had not first sought and obtained leave from the High Court to appeal, which is a mandatory prerequisite in land matters.
- Citation
- 20150706 TZCA Arusha
- Parties
- Applicant: Bertha Urassa; Respondent: Guness Kisanga; Respondent: Bertty Lyamuya; Respondent: Rogathe Kisanga; Respondent: Absalum Benjamin; Respondent: Ansela Shirima
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 July 2015
- Procedural Posture
- Civil Application / Application for Extension of Time for Leave to Appeal
- Outcome
- Application struck out
- Legal Topics
- Extension of Time, Leave to Appeal, Locus Standi, Certificate of Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bertha Urassa
Applicant
Guness Kisanga
Respondent
Bertty Lyamuya
Respondent
Rogathe Kisanga
Respondent
Absalum Benjamin
Respondent
Ansela Shirima
Respondent
Procedural Posture
Civil Application / Application for Extension of Time for Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to extension of time to file an appeal to the Court of Appeal
- 2 Whether the application for extension of time is premature without first seeking leave from the High Court
Ratio Decidendi
The application for extension of time was misconceived and premature because the applicant had not first sought and obtained leave from the High Court to appeal, which is a mandatory prerequisite in land matters.
Court Disposition
Application struck out
Orders
- Application struck out with no order as to costs
Full Case Text
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