20151207 tzhc arusha
The application is incompetent due to the discrepancy in dates between the judgment and the decree, which is a fatal defect.
- Citation
- 20151207 tzhc arusha
- Parties
- Applicant: Ester Sias; Respondent: Issa Ally
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2015
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out as incompetent
- Legal Topics
- Extension of Time, Appeal Procedure, Defective Decree
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Parties
Ester Sias
Applicant
Issa Ally
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
- 2 Whether the application is competent in light of discrepancies in the dates of the judgment and decree
Ratio Decidendi
The application is incompetent due to the discrepancy in dates between the judgment and the decree, which is a fatal defect.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out with no order as to costs
Full Case Text
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