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
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Khalfan Omary
Applicant
Saima Athuman
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the Court of Appeal can grant extension of time before the High Court has refused such application
- 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
Full Case Text
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