jenoveva so ntelya vs masumbuko so joseph 2007 tzhc 420 31 july 2007

The order granting extension of time is not appealable as of right under section 74 of the Civil Procedure Code Act; the appeal was filed prematurely and only serves to delay proceedings.

Citation: jenoveva so ntelya vs masumbuko so joseph 2007 tzhc 420 31 july 2007
Parties: Appellant: Jenoveva s/o Ntelva; Respondent: Masumbuko s/o Joseph
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 July 2007
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Appeals, Interlocutory Orders, Extension of Time
Source Language: English

Civil Procedure Appeals Interlocutory Orders Extension of Time

Case Brief

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Parties

Jenoveva s/o Ntelva

Appellant

Masumbuko s/o Joseph

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the order granting extension of time to file appeal is appealable as of right
2 Whether the appeal was filed prematurely against an interlocutory order

Ratio Decidendi

The order granting extension of time is not appealable as of right under section 74 of the Civil Procedure Code Act; the appeal was filed prematurely and only serves to delay proceedings.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs to the respondent.
Costs to be determined by the District Court of Kahama.