20070109 TZCA Dar es Salaam

20070109 TZCA Dar es Salaam

There is no legal requirement for an application for extension of time to file a notice of appeal to be accompanied by a copy of the High Court order refusing extension. The notice of motion sufficiently discloses the decision intended to be appealed against. Both preliminary objections are misconceived and dismissed.

Citation
20070109 TZCA Dar es Salaam
Parties
Applicant: CRDB Bank Limited; Respondent: George M. Kilindu & Another
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 January 2007
Procedural Posture
Civil Application / Ruling on Preliminary Objections in Application for Extension of Time to File Notice of Appeal
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Extension of Time, Notice of Appeal, Preliminary Objection, Appellate Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Preliminary Objection Appellate Jurisdiction

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

CRDB Bank Limited

Applicant

George M. Kilindu & Another

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objections in Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether failure to annex the High Court order refusing extension of time is fatal to the application
  2. 2 Whether the application fails to disclose the decision intended to be appealed against

Ratio Decidendi

There is no legal requirement for an application for extension of time to file a notice of appeal to be accompanied by a copy of the High Court order refusing extension. The notice of motion sufficiently discloses the decision intended to be appealed against. Both preliminary objections are misconceived and dismissed.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • Application to be heard on merits as soon as possible.