jenifa barakael lyimo vs crdb limited another 2023 tzca 17989 13 december 2023

jenifa barakael lyimo vs crdb limited another 2023 tzca 17989 13 december 2023

The application is incompetent because the applicant failed to seek extension of time before the High Court as required by Rule 47 of the Court of Appeal Rules. The Court of Appeal can only be approached as a second bite after refusal by the High Court. The application is therefore premature and must be struck out.

Citation
jenifa barakael lyimo vs crdb limited another 2023 tzca 17989 13 december 2023
Parties
Applicant: Jenifa Barakael Lyimo; 1st Respondent: CRDB Bank Limited; 2nd Respondent: Kassimu Mwalongo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time
Outcome
Application struck out as premature and incompetent
Legal Topics
Extension of Time, Appellate Procedure, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Appellate Procedure Jurisdiction Preliminary Objection

Case Brief

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Parties

Jenifa Barakael Lyimo

Applicant

CRDB Bank Limited

1st Respondent

Kassimu Mwalongo

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent before the Court of Appeal without first being made to the High Court

Ratio Decidendi

The application is incompetent because the applicant failed to seek extension of time before the High Court as required by Rule 47 of the Court of Appeal Rules. The Court of Appeal can only be approached as a second bite after refusal by the High Court. The application is therefore premature and must be struck out.

Court Disposition

Application struck out as premature and incompetent

Orders

  • Application struck out with no order as to costs