khlfan omary vs salma athuman 2018 tzca 28 21 august 2018

khlfan omary vs salma athuman 2018 tzca 28 21 august 2018

The application was prematurely filed in the Court of Appeal without first seeking extension of time from the High Court, rendering it incompetent.

Citation
khlfan omary vs salma athuman 2018 tzca 28 21 august 2018
Parties
Applicant: Khalfan Omary; Respondent: Saima Athuman
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 August 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application struck out
Legal Topics
Extension of Time, Jurisdiction, Appeals
Source Language
English

Case Brief

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Parties

Khalfan Omary

Applicant

Saima Athuman

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

  1. 1 Whether the Court of Appeal can grant extension of time before the High Court has refused such application
  2. 2 Whether the application for extension of time was properly before the Court

Ratio Decidendi

The application was prematurely filed in the Court of Appeal without first seeking extension of time from the High Court, rendering it incompetent.

Court Disposition

application struck out

Orders

  • application struck out as incompetent