20150318 TZCA Mwanza

20150318 TZCA Mwanza

Rule 106(1) of the Court of Appeal Rules, 2009, though couched in mandatory terms, is subject to the Court's discretion under subsequent sub-rules, and failure to file written submissions does not automatically render an appeal incompetent or mandate dismissal; the preliminary objection was therefore misconceived and overruled.

Citation
20150318 TZCA Mwanza
Parties
Appellant: Leonard I'Iagesa; Respondent: Ilis Olaf (T) Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 March 2015
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Appeal Procedure, Extension of Time, Written Submissions, Preliminary Objection
Source Language
English
Civil Procedure Labour Law Appeal Procedure Extension of Time Written Submissions Preliminary Objection

Case Brief

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Parties

Leonard I'Iagesa

Appellant

Ilis Olaf (T) Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to file written submissions under Rule 106(1) of the Court of Appeal Rules, 2009 renders the appeal incompetent and mandates dismissal
  2. 2 Whether the preliminary objection on non-compliance with Rule 106(1) is valid

Ratio Decidendi

Rule 106(1) of the Court of Appeal Rules, 2009, though couched in mandatory terms, is subject to the Court's discretion under subsequent sub-rules, and failure to file written submissions does not automatically render an appeal incompetent or mandate dismissal; the preliminary objection was therefore misconceived and overruled.

Court Disposition

preliminary objection overruled

Orders

  • Appellant to file a formal application for extension of time to file written submissions
  • No order as to costs