20150512 TZHC Dodoma

20150512 TZHC Dodoma

The application was improperly brought under the Civil Procedure Act, which does not apply to appeals under the Law of Marriage Act unless permitted by rules; thus, the application for extension of time was struck out without consideration of grounds for delay.

Citation
20150512 TZHC Dodoma
Parties
Applicant: Grace Chalagwa; Respondent: Claud Chiwanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Extension of Time
Outcome
application struck out
Legal Topics
Extension of Time, Appeals, Matrimonial Proceedings
Source Language
English
Family Law Civil Procedure Extension of Time Appeals Matrimonial Proceedings

Case Brief

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Parties

Grace Chalagwa

Applicant

Claud Chiwanga

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection and Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to appeal in matrimonial proceedings was properly brought under the Civil Procedure Act instead of the Law of Marriage Act and its rules
  2. 2 Whether the applicant provided sufficient grounds for extension of time

Ratio Decidendi

The application was improperly brought under the Civil Procedure Act, which does not apply to appeals under the Law of Marriage Act unless permitted by rules; thus, the application for extension of time was struck out without consideration of grounds for delay.

Court Disposition

application struck out

Orders

  • Application for extension of time struck out for contravening Section 80 of the Law of Marriage Act and Rule 38 of the Matrimonial Proceedings Rules.
  • No order for costs.