juma m nkondo vs tol gases limited tanzania oxygen limited another 2021 tzca 372 12 august 2021

juma m nkondo vs tol gases limited tanzania oxygen limited another 2021 tzca 372 12 august 2021

The application was struck out because it improperly combined two distinct reliefs—extension of time and leave to appeal—in one notice of motion, contrary to the Tanzania Court of Appeal Rules and established case law, which require such applications to be filed separately.

Citation
juma m nkondo vs tol gases limited tanzania oxygen limited another 2021 tzca 372 12 august 2021
Parties
Applicant: Juma M. Nkondo; 1st Respondent: TOL Gases Limited/Tanzania Oxygen Limited; 2nd Respondent: Abdulrahman Mohamed Khatibu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 August 2021
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Omnibus Applications, Jurisdiction
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Omnibus Applications Jurisdiction

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Parties

Juma M. Nkondo

Applicant

TOL Gases Limited/Tanzania Oxygen Limited

1st Respondent

Abdulrahman Mohamed Khatibu

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether combining applications for extension of time and leave to appeal in one notice of motion is permissible
  2. 2 Jurisdictional requirements for applications under the Tanzania Court of Appeal Rules

Ratio Decidendi

The application was struck out because it improperly combined two distinct reliefs—extension of time and leave to appeal—in one notice of motion, contrary to the Tanzania Court of Appeal Rules and established case law, which require such applications to be filed separately.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondents