20121214 TZCA Zanzibar

20121214 TZCA Zanzibar

The appeal is incompetent for want of leave, and the Court of Appeal lacks jurisdiction to grant extension of time before the High Court has refused such application; the appeal and notice of appeal are struck out, and costs awarded to respondents.

Citation
20121214 TZCA Zanzibar
Parties
Appellant: Francesco Paulo Torregrossa; 1st Respondent: Nassor Suleiman Abdalla; 2nd Respondent: Suleiman Abdalla Salum
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2012
Procedural Posture
Civil Appeal / Striking Out Appeal for Incompetence
Outcome
Appeal struck out as incompetent with costs to respondents.
Legal Topics
Leave to Appeal, Extension of Time, Costs, Ex Parte Judgment
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Extension of Time Costs Ex Parte Judgment

Case Brief

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Parties

Francesco Paulo Torregrossa

Appellant

Nassor Suleiman Abdalla

1st Respondent

Suleiman Abdalla Salum

2nd Respondent

Procedural Posture

Civil Appeal / Striking Out Appeal for Incompetence

Legal Issues

  1. 1 Whether the appeal is incompetent for want of leave
  2. 2 Whether the Court of Appeal has jurisdiction to grant extension of time to file a fresh notice of appeal
  3. 3 Entitlement to costs after striking out an incompetent appeal

Ratio Decidendi

The appeal is incompetent for want of leave, and the Court of Appeal lacks jurisdiction to grant extension of time before the High Court has refused such application; the appeal and notice of appeal are struck out, and costs awarded to respondents.

Court Disposition

Appeal struck out as incompetent with costs to respondents.

Orders

  • Appeal struck out
  • Notice of appeal struck out