hamisi juma magomba hamisi and joseph lubaka vs nyachuma maube 2020 tzhc 4230 15 december 2020

hamisi juma magomba hamisi and joseph lubaka vs nyachuma maube 2020 tzhc 4230 15 december 2020

The Notice of Appeal filed after dismissal of land appeal no 27 of 2019 remains valid despite refusal of leave to appeal; therefore, the application for extension of time is frivolous and incompetent.

Citation
hamisi juma magomba hamisi and joseph lubaka vs nyachuma maube 2020 tzhc 4230 15 december 2020
Parties
Applicant: Hamisi Juma; Applicant: Magomba Hamisi; Applicant: Joseph Lubaka; Respondent: Nyachuma Maube
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Notice of Appeal, Leave to Appeal
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Leave to Appeal

Case Brief

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Parties

Hamisi Juma

Applicant

Magomba Hamisi

Applicant

Joseph Lubaka

Applicant

Nyachuma Maube

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the High Court can extend time to file a Notice of Appeal after refusal of leave to appeal

Ratio Decidendi

The Notice of Appeal filed after dismissal of land appeal no 27 of 2019 remains valid despite refusal of leave to appeal; therefore, the application for extension of time is frivolous and incompetent.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondent