joseph kimpinga vs abbas fadhili 2015 tzhc 2047 29 october 2015
The High Court is functus officio to entertain an application for extension of time to apply for leave to appeal where the previous application for leave has already been dismissed, as the dismissal constitutes a final determination. The proper remedy is appeal or review, not a fresh application for extension of time.
- Citation
- joseph kimpinga vs abbas fadhili 2015 tzhc 2047 29 october 2015
- Parties
- Applicant: Joseph Kimpinga; Respondent: Abbas Fadhili
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 October 2015
- Procedural Posture
- Misc. Land Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Functus Officio, Dismissal Vs Striking Out, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Kimpinga
Applicant
Abbas Fadhili
Respondent
Procedural Posture
Misc. Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court is functus officio to entertain an application for extension of time to apply for leave to appeal after dismissal of a previous application for leave
- 2 Whether the application is competent after previous dismissal for being time barred
Ratio Decidendi
The High Court is functus officio to entertain an application for extension of time to apply for leave to appeal where the previous application for leave has already been dismissed, as the dismissal constitutes a final determination. The proper remedy is appeal or review, not a fresh application for extension of time.
Court Disposition
Application dismissed
Orders
- Application dismissed with costs
Full Case Text
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