enock mh chacha and manager nbc tarime 1995 tzca 52 6 november 1995

enock mh chacha and manager nbc tarime 1995 tzca 52 6 november 1995

The appeal was incompetent as leave to appeal was neither sought nor obtained from the High Court, and the limitation issue was raised for the first time on appeal, which is not permissible.

Citation
enock mh chacha and manager nbc tarime 1995 tzca 52 6 november 1995
Parties
Appellant: Enock M.H. Chacha; Respondent: Manager, NBC - Tarime
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 1995
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Limitation of Actions, Leave to Appeal
Source Language
English
Civil Procedure Banking Law Ex Parte Judgment Setting Aside Judgment Limitation of Actions Leave to Appeal

Case Brief

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Parties

Enock M.H. Chacha

Appellant

Manager, NBC - Tarime

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the application to set aside the ex-parte judgment was time-barred
  2. 2 Whether the appeal to the Court of Appeal was competent without leave of the High Court

Ratio Decidendi

The appeal was incompetent as leave to appeal was neither sought nor obtained from the High Court, and the limitation issue was raised for the first time on appeal, which is not permissible.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected summarily.
  • The order of the High Court should now be complied with.