20160414 TZCA Mbeya 1

20160414 TZCA Mbeya 1

The application is incompetent due to wrong citation of the law and is not tenable as the Court of Appeal lacks jurisdiction to grant extension of time to apply for a certificate on a point of law, which is the exclusive domain of the High Court.

Citation
20160414 TZCA Mbeya 1
Parties
Applicant: Elly Peter Sanya; Respondent: Ester Nelson
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 April 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Certificate on Point of Law, Jurisdiction, Wrong Citation of Law
Source Language
English
Civil Procedure Appellate Practice Extension of Time Certificate on Point of Law Jurisdiction Wrong Citation of Law

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 9 Party arguments 1
Sign in to unlock

Parties

Elly Peter Sanya

Applicant

Ester Nelson

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent when brought under the wrong provision of law
  2. 2 Whether the Court of Appeal has jurisdiction to grant extension of time to apply for a certificate on a point of law

Ratio Decidendi

The application is incompetent due to wrong citation of the law and is not tenable as the Court of Appeal lacks jurisdiction to grant extension of time to apply for a certificate on a point of law, which is the exclusive domain of the High Court.

Court Disposition

Application struck out

Orders

  • Application struck out with no order as to costs