lota satuwaki another vs charles majinge another 2009 tzhc 30 16 november 2009

lota satuwaki another vs charles majinge another 2009 tzhc 30 16 november 2009

The application was incompetent due to wrong citation of law, and there was no valid application before the court for extension of time; thus, no point of law arises to warrant leave to appeal.

Citation
lota satuwaki another vs charles majinge another 2009 tzhc 30 16 november 2009
Parties
1st Appellant: Lota Satuwaki; 2nd Appellant: Leonard Reed; 1st Respondent: Charles Majinge; 2nd Respondent: Einchard Edward
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 November 2009
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal to Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Wrong Citation of Law, Leave to Appeal, Written Submissions, Doctrine of Precedent
Source Language
English
Civil Procedure Extension of Time Wrong Citation of Law Leave to Appeal Written Submissions Doctrine of Precedent

Case Brief

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Parties

Lota Satuwaki

1st Appellant

Leonard Reed

2nd Appellant

Charles Majinge

1st Respondent

Einchard Edward

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the decision of Shaidi, J. contained irregularities warranting leave to appeal to the Court of Appeal
  2. 2 Whether wrong citation of law renders an application incompetent
  3. 3 Whether failure to comply with court orders on filing submissions justifies dismissal

Ratio Decidendi

The application was incompetent due to wrong citation of law, and there was no valid application before the court for extension of time; thus, no point of law arises to warrant leave to appeal.

Court Disposition

Application dismissed with costs

Orders

  • Leave to appeal refused
  • Application dismissed with costs