gabriel shema vs melina lyala 2022 tzhclandd 12680 14 december 2022
The High Court lacks jurisdiction to grant extension of time to refile a dismissed appeal; the only remedy after dismissal is to appeal, not to seek extension of time.
- Citation
- gabriel shema vs melina lyala 2022 tzhclandd 12680 14 december 2022
- Parties
- Applicant: Gabriel Shema; Respondent: Melina Lyala
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2022
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed for lack of merit.
- Legal Topics
- Extension of Time, Jurisdiction, Dismissal of Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Parties
Gabriel Shema
Applicant
Melina Lyala
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to grant extension of time to refile a dismissed appeal
- 2 Whether the application for extension of time is competent after dismissal of appeal
Ratio Decidendi
The High Court lacks jurisdiction to grant extension of time to refile a dismissed appeal; the only remedy after dismissal is to appeal, not to seek extension of time.
Court Disposition
Application dismissed for lack of merit.
Orders
- No order as to costs.
Full Case Text
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