20170427 TZHC Dar es Salaam

The application for leave to appeal is granted because the applicant has raised issues worth consideration by the Court of Appeal, and procedural technicalities regarding attachment of the decision do not bar the application in light of binding precedent.

Citation: 20170427 TZHC Dar es Salaam
Parties: Applicant: Emmanuel Bilinge; 1st Respondent: Praxeda Ogweyo; 2nd Respondent: Joseph John Pembe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 April 2017
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal
Outcome: Application granted
Legal Topics: Leave to Appeal, Extension of Time, Procedural Compliance
Source Language: English

Civil Procedure Appellate Practice Leave to Appeal Extension of Time Procedural Compliance

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Parties

Emmanuel Bilinge

Applicant

Praxeda Ogweyo

1st Respondent

Joseph John Pembe

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal to the Court of Appeal

Legal Issues

1 Whether the application for leave to appeal is competent without attaching the decision sought to be appealed against
2 Whether the applicant has demonstrated arguable grounds for appeal
3 Whether the principle of accounting for each day of delay was correctly applied

Ratio Decidendi

Court Disposition

Application granted

Orders

Leave to appeal to the Court of Appeal against the decision in Misc. Civil Application No. 168 of 2012 is granted
Costs awarded to the applicant