edina mwakapalila vs fatuma rashid 2016 tzca 729 29 january 2016

edina mwakapalila vs fatuma rashid 2016 tzca 729 29 january 2016

The application was dismissed because the applicant failed to comply with the mandatory requirement to file written submissions within the prescribed time and did not file a formal application for extension or waiver, leaving the court with no material upon which to exercise its discretion.

Citation
edina mwakapalila vs fatuma rashid 2016 tzca 729 29 january 2016
Parties
Applicant: Edina Mwakapalila; Respondent: Fatuma Rashid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 January 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Written Submission
Outcome
application dismissed
Legal Topics
Extension of Time, Written Submissions, Court Discretion, Compliance With Procedural Rules
Source Language
English
Civil Procedure Extension of Time Written Submissions Court Discretion Compliance With Procedural Rules

Case Brief

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Parties

Edina Mwakapalila

Applicant

Fatuma Rashid

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Written Submission

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file written submission in support of grounds of appeal
  2. 2 Whether the court can exercise discretion to grant extension or waive compliance with rule 106(1) in absence of a formal application

Ratio Decidendi

The application was dismissed because the applicant failed to comply with the mandatory requirement to file written submissions within the prescribed time and did not file a formal application for extension or waiver, leaving the court with no material upon which to exercise its discretion.

Court Disposition

application dismissed

Orders

  • Each party shall bear its own costs.