20050510 TZCA Dar es salaam

20050510 TZCA Dar es salaam

The application is not properly before the Court of Appeal because the applicant must first apply to the High Court to set aside the withdrawal order and seek extension of time there before approaching the Court of Appeal.

Citation
20050510 TZCA Dar es salaam
Parties
Applicant: Kwitega Maganga; Respondent: Samson Lushinge
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 May 2005
Procedural Posture
Civil Application / Application for Extension of Time to File Notice of Appeal
Outcome
application struck out with costs
Legal Topics
Extension of Time, Notice of Appeal, Withdrawal of Appeal, Jurisdiction, Procedure for Setting Aside Orders
Source Language
English
Civil Procedure Appellate Practice Extension of Time Notice of Appeal Withdrawal of Appeal Jurisdiction Procedure for Setting Aside Orders

Case Brief

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Parties

Kwitega Maganga

Applicant

Samson Lushinge

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the application for extension of time to file notice of appeal is properly before the Court of Appeal
  2. 2 Whether the applicant should have first applied to the High Court to set aside the withdrawal order before approaching the Court of Appeal
  3. 3 Whether the Court of Appeal has jurisdiction to entertain the application before it is made to the High Court

Ratio Decidendi

The application is not properly before the Court of Appeal because the applicant must first apply to the High Court to set aside the withdrawal order and seek extension of time there before approaching the Court of Appeal.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.