20120301 TZCA Dar es Salaam

The application for extension of time is allowed on the basis that the alleged illegality of the High Court order—striking out the counterclaim for failure to furnish security for appearance—warrants the Court's intervention to ascertain and, if established, rectify the illegality.

Citation: 20120301 TZCA Dar es Salaam
Parties: Applicant: Godfrey Emmanuel Malassya; Applicant: City Christian Fellowship; Respondent: Prosper Rweyendera
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 March 2012
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome: Application allowed with costs
Legal Topics: Extension of Time, Leave to Appeal, Security for Appearance, Striking Out Counterclaim, Illegality as Ground for Extension
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Security for Appearance Striking Out Counterclaim Illegality as Ground for Extension

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Parties

Godfrey Emmanuel Malassya

Applicant

City Christian Fellowship

Applicant

Prosper Rweyendera

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal

Legal Issues

1 Whether sufficient cause exists to grant extension of time to file application for leave to appeal
2 Whether illegality of the impugned High Court order justifies extension of time

Ratio Decidendi

Court Disposition

Application allowed with costs

Orders

Applicants to file application for leave to appeal within fourteen (14) days of delivery of this ruling