20071211 TZCA Zanzibar 1

20071211 TZCA Zanzibar 1

The appeal was incompetent as the application for leave to appeal was filed out of time without an application for extension, rendering the High Court's proceedings a nullity; further, the appeal was time barred and the record of appeal was fatally defective for lack of the trial court's decree.

Citation
20071211 TZCA Zanzibar 1
Parties
Appellant: Hasma Mshenga Ali; Respondent: Khamis Hamad Othman
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 December 2007
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out
Legal Topics
Appeals, Preliminary Objection, Time Bar, Record of Appeal Requirements, Leave to Appeal
Source Language
English
Civil Procedure Appeals Preliminary Objection Time Bar Record of Appeal Requirements Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Hasma Mshenga Ali

Appellant

Khamis Hamad Othman

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal was time barred under Rule 83 of the Court of Appeal Rules, 1979
  2. 2 Whether the record of appeal was incompetent for failure to include the decree of the Regional Court as required by Rule 89(2)
  3. 3 Whether the High Court lawfully granted leave and certificate of points of law to the appellant

Ratio Decidendi

The appeal was incompetent as the application for leave to appeal was filed out of time without an application for extension, rendering the High Court's proceedings a nullity; further, the appeal was time barred and the record of appeal was fatally defective for lack of the trial court's decree.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.