20130307 TZCA Tabora

20130307 TZCA Tabora

The application was misconceived and prematurely filed in the Court of Appeal instead of the High Court, which has the proper jurisdiction to entertain such applications in the first instance.

Citation
20130307 TZCA Tabora
Parties
Applicant: Leticia Benedicto Choma; Respondent: John Philip Ssalubobo; Respondent: Mnukwa Auction Mart & Court Broker
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 March 2013
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Apply for Leave to Appeal
Outcome
application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Jurisdiction Preliminary Objection

Case Brief

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Parties

Leticia Benedicto Choma

Applicant

John Philip Ssalubobo

Respondent

Mnukwa Auction Mart & Court Broker

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to Apply for Leave to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal is the proper forum for an application for extension of time to apply for leave to appeal when a similar application is pending in the High Court
  2. 2 Whether the application was brought under the correct legal provision
  3. 3 Whether failure to serve the respondent within the prescribed time is fatal to the application

Ratio Decidendi

The application was misconceived and prematurely filed in the Court of Appeal instead of the High Court, which has the proper jurisdiction to entertain such applications in the first instance.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.