car and general t limited vs nicholas perkins 1996 tzca 26 7 may 1996

car and general t limited vs nicholas perkins 1996 tzca 26 7 may 1996

The application for extension of time to apply for leave to appeal is misconceived and dismissed because leave is not required for an appeal from a High Court judgment and decree. However, due to the loss of the High Court record and in the interest of justice, the Court of Appeal departs from the usual rule and allows the application for extension of time to file notice of appeal to be filed directly in the Court of Appeal.

Citation
car and general t limited vs nicholas perkins 1996 tzca 26 7 may 1996
Parties
Applicant: Car and General (T) Limited; Respondent: Nicholas Perkins
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 May 1996
Procedural Posture
Civil Application / Ruling on 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; application for extension of time to file notice of appeal to be filed in Court of Appeal; leave granted to file reference against ruling.
Legal Topics
Extension of Time, Leave to Appeal, Appellate Jurisdiction, Procedural Compliance
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Appellate Jurisdiction Procedural Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Car and General (T) Limited

Applicant

Nicholas Perkins

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal is required for an appeal from a High Court judgment and decree
  2. 2 Whether the application for extension of time to apply for leave to appeal is competent
  3. 3 Whether the Court of Appeal can depart from procedural rules to entertain an application directly

Ratio Decidendi

The application for extension of time to apply for leave to appeal is misconceived and dismissed because leave is not required for an appeal from a High Court judgment and decree. However, due to the loss of the High Court record and in the interest of justice, the Court of Appeal departs from the usual rule and allows the application for extension of time to file notice of appeal to be filed directly in the Court of Appeal.

Court Disposition

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

Orders

  • Application for extension of time to apply for leave to appeal dismissed as misconceived.
  • Costs of the application awarded to the respondent.