concepta liganga vs patrick kifyoga and 2 others 2020 tzhclandd 2322 16 october 2020

concepta liganga vs patrick kifyoga and 2 others 2020 tzhclandd 2322 16 october 2020

The application was struck out because it was brought under the wrong provision of law, specifically section 14(1) of the Law of Limitation Act instead of section 11(1) of the Appellate Jurisdiction Act, thus the court was not properly moved for extension of time.

Citation
concepta liganga vs patrick kifyoga and 2 others 2020 tzhclandd 2322 16 october 2020
Parties
Applicant: Concepta Ligagala; 1st Respondent: Patrick Kifyoga; 2nd Respondent: Tenita Masasi; 3rd Respondent: Rajabu Mgwalu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 October 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Extension of Time and Leave to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Proper Citation of Enabling Provisions
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Proper Citation of Enabling Provisions

Case Brief

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Parties

Concepta Ligagala

Applicant

Patrick Kifyoga

1st Respondent

Tenita Masasi

2nd Respondent

Rajabu Mgwalu

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection Regarding Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the application for extension of time was brought under the correct legal provision
  2. 2 Whether the court was properly moved for extension of time, a condition precedent for leave to appeal

Ratio Decidendi

The application was struck out because it was brought under the wrong provision of law, specifically section 14(1) of the Law of Limitation Act instead of section 11(1) of the Appellate Jurisdiction Act, thus the court was not properly moved for extension of time.

Court Disposition

Application struck out

Orders

  • No order as to costs