kayora senyange vs makacha ogutu another 2022 tzca 802 8 december 2022

The application was premature as it was not preceded by a first bite application to the High Court; therefore, the Court of Appeal lacked jurisdiction to entertain it.

Citation: kayora senyange vs makacha ogutu another 2022 tzca 802 8 december 2022
Parties: Applicant: Kayora Senyange; 1st Respondent: Makacha Ogutu; 2nd Respondent: Sabasaba Ogutu
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 December 2022
Procedural Posture: Criminal Application / Application for Extension of Time to File Notice of Appeal
Outcome: application struck out
Legal Topics: Extension of Time, Notice of Appeal, Jurisdiction
Source Language: English

Criminal Procedure Extension of Time Notice of Appeal Jurisdiction

Case Brief

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Parties

Kayora Senyange

Applicant

Makacha Ogutu

1st Respondent

Sabasaba Ogutu

2nd Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

1 Whether the Court of Appeal has jurisdiction to entertain an application for extension of time to file a notice of appeal when no prior application has been made and refused by the High Court

Ratio Decidendi

The application was premature as it was not preceded by a first bite application to the High Court; therefore, the Court of Appeal lacked jurisdiction to entertain it.

Court Disposition

application struck out

Orders

application struck out
no order as to costs