jenifa barakael lyimo vs crdb bank limited and another 2020 tzhc 3353 16 september 2020

jenifa barakael lyimo vs crdb bank limited and another 2020 tzhc 3353 16 september 2020

The applicant failed to demonstrate that the grounds of intended appeal raise any issue of general importance, novel point of law, or prima facie arguable appeal. It is not the court's duty to ensure applicant's appearance; the applicant must follow up on her case. The application lacks merit and is dismissed.

Citation
jenifa barakael lyimo vs crdb bank limited and another 2020 tzhc 3353 16 september 2020
Parties
Applicant: Jenifa Barakaeli Lyimo; 1st Respondent: CRDB Bank Limited; 2nd Respondent: Kassimu Mwalongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Extension of Time, Dismissal for Want of Prosecution, Duty to Follow Up Proceedings
Source Language
English
Civil Procedure Land Law Leave to Appeal Extension of Time Dismissal for Want of Prosecution Duty to Follow Up Proceedings

Case Brief

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Parties

Jenifa Barakaeli Lyimo

Applicant

CRDB Bank Limited

1st Respondent

Kassimu Mwalongo

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether lack of summons or notice constitutes sufficient reason for extension of time to restore an application
  2. 2 Whether the court is duty bound to issue summons to parties after filing and payment of court fees
  3. 3 Whether the grounds of intended appeal raise issues of general importance or a novel point of law

Ratio Decidendi

The applicant failed to demonstrate that the grounds of intended appeal raise any issue of general importance, novel point of law, or prima facie arguable appeal. It is not the court's duty to ensure applicant's appearance; the applicant must follow up on her case. The application lacks merit and is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed in its entirety with costs