20061020 TZHC Dar es Salaam

20061020 TZHC Dar es Salaam

The High Court is functus officio regarding the grant of leave and extension of time once leave has been granted and the Court of Appeal's order did not affect the High Court's proceedings. The striking out of the appeal did not extinguish the leave previously granted by the High Court. The proper procedure after the appeal was struck out was to seek leave from the Court of Appeal, not the High Court.

Citation
20061020 TZHC Dar es Salaam
Parties
Applicant: George M. Kilindu; Respondent: CRDB (1996) Ltd.; Respondent: Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2006
Procedural Posture
Miscellaneous Civil Cause / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Functus Officio, Res Judicata
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Functus Officio Res Judicata

Case Brief

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Parties

George M. Kilindu

Applicant

CRDB (1996) Ltd.

Respondent

Another

Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the High Court can grant extension of time and leave to appeal after the Court of Appeal struck out the appeal as incompetent
  2. 2 Whether the striking out of the appeal extinguished the leave previously granted by the High Court

Ratio Decidendi

The High Court is functus officio regarding the grant of leave and extension of time once leave has been granted and the Court of Appeal's order did not affect the High Court's proceedings. The striking out of the appeal did not extinguish the leave previously granted by the High Court. The proper procedure after the appeal was struck out was to seek leave from the Court of Appeal, not the High Court.

Court Disposition

Application dismissed with costs

Orders

  • Applications for extension of time and leave are dismissed with costs