20041126 TZCA Zanzibar
The appeal is incompetent because no extension of time was granted for applying for leave to appeal and no leave to appeal was given; procedural requirements for instituting the appeal were not met.
- Citation
- 20041126 TZCA Zanzibar
- Parties
- Appellants: Biyam A. Mwale (Biyam Said Nassor), Faith Bilal, Amina Makame Muombwa, Mgomvi Masorwa, Sakina-Allkire9u, Salma Miraji Khamis (Saima Jurna Rehaii), Mariammiibwa Khamis, Rukia U. Bl14usa (Rukia Omar Othman), Shinuna Bushiri Hemed (Shinuna Ali Hemed), Khadija M. Masrouk, Liaa Othman, Nyomo M. Kombi; Respondents: Bank of Tanzania Zanzibar Branch, OTTU Branch (Bank of Tanzania Zanzibar Branch)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 November 2004
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Leave to Appeal, Extension of Time, Competency of Appeal, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Biyam A. Mwale (Biyam Said Nassor), Faith Bilal, Amina Makame Muombwa, Mgomvi Masorwa, Sakina-Allkire9u, Salma Miraji Khamis (Saima Jurna Rehaii), Mariammiibwa Khamis, Rukia U. Bl14usa (Rukia Omar Othman), Shinuna Bushiri Hemed (Shinuna Ali Hemed), Khadija M. Masrouk, Liaa Othman, Nyomo M. Kombi
Appellants
Bank of Tanzania Zanzibar Branch, OTTU Branch (Bank of Tanzania Zanzibar Branch)
Respondents
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is competent where leave to appeal was not properly sought or granted
- 2 Whether extension of time to apply for leave to appeal was properly granted
Ratio Decidendi
The appeal is incompetent because no extension of time was granted for applying for leave to appeal and no leave to appeal was given; procedural requirements for instituting the appeal were not met.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is declared incompetent and struck out with costs.
Full Case Text
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