20180802 TZCA Dar es Salaam

Application for extension of time was prematurely filed in the Court of Appeal without first seeking relief from the High Court; thus, it is incompetent.

Citation: 20180802 TZCA Dar es Salaam
Parties: Applicant: Khalfan Omary; Respondent: Salma Athuman
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 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

Civil Procedure Extension of Time Jurisdiction Appeals

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Parties

Khalfan Omary

Applicant

Salma Athuman

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the Court of Appeal can entertain an application for extension of time before the High Court has refused it

Ratio Decidendi

Application for extension of time was prematurely filed in the Court of Appeal without first seeking relief from the High Court; thus, it is incompetent.

Court Disposition

application struck out

Orders

application struck out as incompetent