car and general t ltd vs nicholas perkins 1997 tzca 77 14 may 1997

car and general t ltd vs nicholas perkins 1997 tzca 77 14 may 1997

The Court determined that it is best for the hearing of the application to await the outcome of the related Civil Reference, as its result may affect the necessity of proceeding with the application.

Citation
car and general t ltd vs nicholas perkins 1997 tzca 77 14 may 1997
Parties
Applicant: CAR AND GENERAL (T) LTD; Respondent: NICHOLAS PERKINS
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 May 1997
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
Hearing of the application stayed pending outcome of the Reference; no order as to costs.
Legal Topics
Extension of Time, Prematurity of Application, Interrelationship With Pending Reference
Source Language
English
Civil Procedure Extension of Time Prematurity of Application Interrelationship With Pending Reference

Case Brief

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Parties

CAR AND GENERAL (T) LTD

Applicant

NICHOLAS PERKINS

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the application for extension of time should be heard before the outcome of the related Civil Reference is known
  2. 2 Whether the application is premature

Ratio Decidendi

The Court determined that it is best for the hearing of the application to await the outcome of the related Civil Reference, as its result may affect the necessity of proceeding with the application.

Court Disposition

Hearing of the application stayed pending outcome of the Reference; no order as to costs.

Orders

  • Possible hearing of the application to await the outcome of the Reference
  • No order as to costs