godfrey kimbe vs peter ngonyani 2017 tzca 1 21 july 2017
The application for extension of time was made under the wrong provision and supported by a defective affidavit, rendering it incompetent; consequently, leave to appeal was not properly obtained and the appeal is incompetent.
- Citation
- godfrey kimbe vs peter ngonyani 2017 tzca 1 21 july 2017
- Parties
- Applicant: Godfrey Kimbe; Respondent: Peter Ngonyani
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 July 2017
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out with costs
- Legal Topics
- Extension of Time, Leave to Appeal, Affidavit Defects, Wrong Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Godfrey Kimbe
Applicant
Peter Ngonyani
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for extension of time was properly made under the correct legal provision
- 2 Whether the affidavit supporting the application was defective for lack of date
- 3 Whether leave to appeal was properly obtained
Ratio Decidendi
The application for extension of time was made under the wrong provision and supported by a defective affidavit, rendering it incompetent; consequently, leave to appeal was not properly obtained and the appeal is incompetent.
Court Disposition
appeal struck out with costs
Orders
- appeal struck out
- costs awarded to respondent
Full Case Text
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