UHEMA SAFII

UHEMA SAFII

The application is struck out because the applicant's prayer for extension of time to serve notice of intention to appeal is procedurally defective and misplaced, as no notice of appeal has been lodged and such relief falls within the jurisdiction of the Court of Appeal. Further, the application is incompetent as the prior appeal was withdrawn without leave to refile, and the applicant failed to show sufficient cause for extension of time.

Citation
UHEMA SAFII
Parties
Applicant: Kibura Abdallah Yusuph; 1st Respondent: Ibrahim Hussein Uhema; 2nd Respondent: Mwarami Ally Said
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 June 2017
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Appeals, Notice of Appeal, Certification on Point of Law, Withdrawal of Appeal
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Notice of Appeal Certification on Point of Law Withdrawal of Appeal

Case Brief

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Parties

Kibura Abdallah Yusuph

Applicant

Ibrahim Hussein Uhema

1st Respondent

Mwarami Ally Said

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to give notice of intention to appeal and lodge an application for certification on point of law to appeal to the Court of Appeal out of time
  2. 2 Whether the application is properly before the court given the prior withdrawal of the appeal without leave to refile
  3. 3 Whether sufficient cause has been shown for extension of time

Ratio Decidendi

The application is struck out because the applicant's prayer for extension of time to serve notice of intention to appeal is procedurally defective and misplaced, as no notice of appeal has been lodged and such relief falls within the jurisdiction of the Court of Appeal. Further, the application is incompetent as the prior appeal was withdrawn without leave to refile, and the applicant failed to show sufficient cause for extension of time.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs