20121024 TZHC Arusha

20121024 TZHC Arusha

The cited provisions by the applicants were proper for the application before the High Court; Court of Appeal Rules do not apply to applications for extension of time before the High Court. Preliminary objections lack merit and are dismissed.

Citation
20121024 TZHC Arusha
Parties
Applicant: Elisa Ole Markos; Applicant: David Elisa Markos (Suing under Power of Attorney of Olairivani Lotasaruaki Mollel); Respondent: Erick Raymond Rowberg; Respondent: Hartley David King; Respondent: Emololosek Spring Farm Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 October 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Extension of Time, Leave to Appeal, Preliminary Objection, Notice of Appeal
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Preliminary Objection Notice of Appeal

Case Brief

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Parties

Elisa Ole Markos

Applicant

David Elisa Markos (Suing under Power of Attorney of Olairivani Lotasaruaki Mollel)

Applicant

Erick Raymond Rowberg

Respondent

Hartley David King

Respondent

Emololosek Spring Farm Limited

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application is defective for citing wrong provisions of law
  2. 2 Whether leave was required and obtained under section 5(2)(i) of the Appellate Jurisdiction Act
  3. 3 Whether enabling rules of the Court of Appeal Rules were required

Ratio Decidendi

The cited provisions by the applicants were proper for the application before the High Court; Court of Appeal Rules do not apply to applications for extension of time before the High Court. Preliminary objections lack merit and are dismissed.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • All preliminary points of objection dismissed with costs.