20110816 TZCA Dar es Salaam1

20110816 TZCA Dar es Salaam1

Failure to file written submissions within the prescribed period under Rule 106(1) without applying for extension of time under Rule 106(13) is fatal to the application and cannot be cured by invoking Rule 106(13) after the fact.

Citation
20110816 TZCA Dar es Salaam1
Parties
Applicant: Juma Mashaka and Another; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 August 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Written Submissions, Court of Appeal Rules
Source Language
English
Civil Procedure Extension of Time Written Submissions Court of Appeal Rules

Case Brief

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Parties

Juma Mashaka and Another

Applicant

The Attorney General

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Appeal

Legal Issues

  1. 1 Whether failure to file written submissions within the prescribed period under Rule 106(1) of the Court of Appeal Rules is fatal to the application
  2. 2 Whether the applicant can invoke Rule 106(13) after failing to comply with Rule 106(1)

Ratio Decidendi

Failure to file written submissions within the prescribed period under Rule 106(1) without applying for extension of time under Rule 106(13) is fatal to the application and cannot be cured by invoking Rule 106(13) after the fact.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs