kahambi idd vs hidaya shabani 2019 tzca 484 28 november 2019

kahambi idd vs hidaya shabani 2019 tzca 484 28 november 2019

The application was misconceived and incompetent as the notice of appeal was still intact and the application for extension of time to lodge a certificate on a point of law was filed out of the prescribed fourteen-day period.

Citation
kahambi idd vs hidaya shabani 2019 tzca 484 28 november 2019
Parties
Applicant: Kahambi Idd; Respondent: Hidaya Shabani
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Notice of Appeal, Certificate on a Point of Law, Time Bar
Source Language
English
Family Law Civil Procedure Extension of Time Notice of Appeal Certificate on a Point of Law Time Bar

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Parties

Kahambi Idd

Applicant

Hidaya Shabani

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant can seek extension of time to lodge a notice of appeal when a notice is already intact
  2. 2 Whether the application for extension of time to lodge a certificate on a point of law was filed within the prescribed period

Ratio Decidendi

The application was misconceived and incompetent as the notice of appeal was still intact and the application for extension of time to lodge a certificate on a point of law was filed out of the prescribed fourteen-day period.

Court Disposition

Application struck out with costs

Orders

  • Application struck out with costs