OC 25 UPDATED TANZLII MWASOMOLA

OC 25 UPDATED TANZLII MWASOMOLA

The High Court lacks jurisdiction to entertain an application for extension of time after an appeal has been struck out for being time barred; the applicant is barred from returning to the same court for extension, and must seek remedy through review, appeal, or revision before a higher court.

Citation
OC 25 UPDATED TANZLII MWASOMOLA
Parties
Applicant: J.A.M; Respondent: A.A.L
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
application dismissed
Legal Topics
Extension of Time, Res Judicata, Jurisdiction, Appeals, Limitation of Actions
Source Language
English
Civil Procedure Family Law Extension of Time Res Judicata Jurisdiction Appeals Limitation of Actions

Case Brief

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Parties

J.A.M

Applicant

A.A.L

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for extension of time after an appeal was struck out for being time barred
  2. 2 Whether the application is res judicata
  3. 3 Whether sufficient cause was shown for extension of time

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for extension of time after an appeal has been struck out for being time barred; the applicant is barred from returning to the same court for extension, and must seek remedy through review, appeal, or revision before a higher court.

Court Disposition

application dismissed