19990602 TZHC Dar es Salaam

19990602 TZHC Dar es Salaam

The High Court lacks jurisdiction to extend time for filing notice of appeal to the Court of Appeal; such power lies exclusively with the Court of Appeal. Without a timely notice of appeal, the other applications cannot be determined.

Citation
19990602 TZHC Dar es Salaam
Parties
Appellant/applicant: S.A. Id Mhegu; Respondent: Bmla Ti Mbegu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 June 1999
Procedural Posture
PC Civil Appeal / Ruling on Application for Leave to File Notice of Appeal and Appeal Out of Time, and for Certification of Point of Law
Outcome
Application dismissed
Legal Topics
Extension of Time, Jurisdiction, Notice of Appeal, Certification of Point of Law
Source Language
English
Civil Procedure Appellate Practice Extension of Time Jurisdiction Notice of Appeal Certification of Point of Law

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Parties

S.A. Id Mhegu

Appellant/applicant

Bmla Ti Mbegu

Respondent

Procedural Posture

PC Civil Appeal / Ruling on Application for Leave to File Notice of Appeal and Appeal Out of Time, and for Certification of Point of Law

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant extension of time to file notice of appeal to the Court of Appeal
  2. 2 Whether grouping of applications for leave and certification is permissible
  3. 3 Whether the application complied with procedural requirements

Ratio Decidendi

The High Court lacks jurisdiction to extend time for filing notice of appeal to the Court of Appeal; such power lies exclusively with the Court of Appeal. Without a timely notice of appeal, the other applications cannot be determined.

Court Disposition

Application dismissed

Orders

  • Application dismissed for want of jurisdiction