20041104 TZCA Dar es Salaam

20041104 TZCA Dar es Salaam

The application was not out of time because the period of the Christmas vacation, as provided by Government Notice No. 114 of 1979, should have been excluded from the computation of time. The Single Judge's failure to consider this rendered the decision per incuriam.

Citation
20041104 TZCA Dar es Salaam
Parties
Applicant: Daud Mlenge; Respondent: Titus N. Makombe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2004
Procedural Posture
Civil Reference / Reference From Decision of Single Judge on Application for Leave to Appeal
Outcome
Reference allowed
Legal Topics
Computation of Time, Court Vacation, Leave to Appeal, Preliminary Objection
Source Language
English
Civil Procedure Computation of Time Court Vacation Leave to Appeal Preliminary Objection

Case Brief

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Parties

Daud Mlenge

Applicant

Titus N. Makombe

Respondent

Procedural Posture

Civil Reference / Reference From Decision of Single Judge on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed out of time considering court vacation rules
  2. 2 Whether Government Notice No. 114 of 1979 applies to computation of time in the Court of Appeal

Ratio Decidendi

The application was not out of time because the period of the Christmas vacation, as provided by Government Notice No. 114 of 1979, should have been excluded from the computation of time. The Single Judge's failure to consider this rendered the decision per incuriam.

Court Disposition

Reference allowed

Orders

  • Matter to be placed before the Honourable Chief Justice for assignment to a Single Judge to determine the application for leave to appeal on its merits.