20000926 TZHC Dar es Salaam

20000926 TZHC Dar es Salaam

Extension of time was granted as the delay was caused by court registry closure, a factor beyond applicants' control. Leave to appeal was refused because the interlocutory order refusing amendment of pleadings did not finally determine the suit, and thus was not appealable under the law.

Citation
20000926 TZHC Dar es Salaam
Parties
Applicant/defendant: Intermarine Ltd; Applicant/defendant: Nunzio D'Esposito; Respondent/plaintiff: Gerhard Hockmuith
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 September 2000
Procedural Posture
Commercial Case / Ruling on Applications for Extension of Time and Leave to Appeal
Outcome
Extension of time granted; application for leave to appeal dismissed.
Legal Topics
Extension of Time, Leave to Appeal, Amendment of Pleadings, Interlocutory Orders
Source Language
English
Civil Procedure Commercial Law Extension of Time Leave to Appeal Amendment of Pleadings Interlocutory Orders

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Parties

Intermarine Ltd

Applicant/defendant

Nunzio D'Esposito

Applicant/defendant

Gerhard Hockmuith

Respondent/plaintiff

Procedural Posture

Commercial Case / Ruling on Applications for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether extension of time to file application for leave to appeal should be granted
  2. 2 Whether leave to appeal to the Court of Appeal should be granted against an interlocutory order refusing amendment of pleadings

Ratio Decidendi

Extension of time was granted as the delay was caused by court registry closure, a factor beyond applicants' control. Leave to appeal was refused because the interlocutory order refusing amendment of pleadings did not finally determine the suit, and thus was not appealable under the law.

Court Disposition

Extension of time granted; application for leave to appeal dismissed.

Orders

  • Extension of time to file application for leave to appeal granted retrospectively to 3rd July 2000.
  • Application for leave to appeal to the Court of Appeal dismissed.