east africa mines limited vs kadeo 2005 tzca 7 24 november 2005
Leave to appeal was sought and granted out of time, rendering the appeal incompetent. The appeal is struck out as leave was invalid and of no legal effect.
Source-derived case information.
- Citation
- east africa mines limited vs kadeo 2005 tzca 7 24 november 2005
- Parties
- Appellant: East Africa Mines Limited; Respondent: Christopher Kadeo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 November 2005
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Legal Topics
- Appeals, Leave to Appeal, Limitation of Time, Court Practice
- Source Language
- english
Civil Procedure Appeals Leave to Appeal Limitation of Time Court Practice
Source-derived case record
Summary, issues, holding and outcome
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Parties
East Africa Mines Limited
Appellant
Christopher Kadeo
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal was time barred under rule 83 of the Court of Appeal Rules, 1979
- 2 Whether leave to appeal was validly granted within the prescribed period under rule 43(a) of the Court of Appeal Rules, 1979
Ratio Decidendi
Leave to appeal was sought and granted out of time, rendering the appeal incompetent. The appeal is struck out as leave was invalid and of no legal effect.
Court Disposition
appeal struck out
Orders
- appeal struck out with costs
Full Case Text
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