khadija mlebya vs mohamed amri 2014 tzca 243 12 september 2014

khadija mlebya vs mohamed amri 2014 tzca 243 12 september 2014

The application is incurably defective because both the notice of motion and the notice of appeal refer to a non-existent judgment date, violating mandatory procedural requirements. Without a valid notice of appeal, the court lacks jurisdiction to grant an extension of time.

Citation
khadija mlebya vs mohamed amri 2014 tzca 243 12 september 2014
Parties
Applicant: Khadija Mlebya; Respondent: Mohamed Amri
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 September 2014
Procedural Posture
Civil Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Defective Notice of Motion, Jurisdiction, Notice of Appeal Requirements
Source Language
English
Civil Procedure Appellate Practice Extension of Time Defective Notice of Motion Jurisdiction Notice of Appeal Requirements

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Parties

Khadija Mlebya

Applicant

Mohamed Amri

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time is competent where the notice of motion and notice of appeal refer to a non-existent judgment date
  2. 2 Whether the defect in the date of the judgment in the notice of motion and notice of appeal is curable or fatal to the application

Ratio Decidendi

The application is incurably defective because both the notice of motion and the notice of appeal refer to a non-existent judgment date, violating mandatory procedural requirements. Without a valid notice of appeal, the court lacks jurisdiction to grant an extension of time.

Court Disposition

Application struck out with costs

Orders

  • The application for extension of time is struck out with costs