19960507 TZCA Dar es Salaam

19960507 TZCA Dar es Salaam

Application for extension of time to apply for leave to appeal was misconceived and dismissed as leave is not required; costs awarded to respondent due to applicant's procedural error. Departure from Rule 44 was ordered, allowing the applicant to file extension of time directly in the Court of Appeal due to lost records and commercial urgency.

Citation
19960507 TZCA Dar es Salaam
Parties
Applicant: Car and General (T) Limited; Respondent: Nicholas Perkins
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 May 1996
Procedural Posture
Civil Application / Application for Extension of Time and Related Procedural Orders
Outcome
Application for extension of time to apply for leave to appeal dismissed; costs awarded to respondent; applicant permitted to file extension of time to file notice of appeal in Court of Appeal; reference against ruling granted.
Legal Topics
Extension of Time, Leave to Appeal, Procedural Compliance, Costs
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Procedural Compliance Costs

Case Brief

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Parties

Car and General (T) Limited

Applicant

Nicholas Perkins

Respondent

Procedural Posture

Civil Application / Application for Extension of Time and Related Procedural Orders

Legal Issues

  1. 1 Whether leave to appeal is required for appeals from High Court judgments and decrees
  2. 2 Whether application for extension of time to file notice of appeal should be filed in the High Court or Court of Appeal
  3. 3 Entitlement to costs due to procedural errors

Ratio Decidendi

Application for extension of time to apply for leave to appeal was misconceived and dismissed as leave is not required; costs awarded to respondent due to applicant's procedural error. Departure from Rule 44 was ordered, allowing the applicant to file extension of time directly in the Court of Appeal due to lost records and commercial urgency.

Court Disposition

Application for extension of time to apply for leave to appeal dismissed; costs awarded to respondent; applicant permitted to file extension of time to file notice of appeal in Court of Appeal; reference against ruling granted.

Orders

  • Application for extension of time to apply for leave to appeal dismissed.
  • Respondent awarded costs of application.