madenge abdallah 2 others vs rajabu mwemkala 2022 tzhclandd 12468 18 october 2022

madenge abdallah 2 others vs rajabu mwemkala 2022 tzhclandd 12468 18 october 2022

The court is functus officio and cannot entertain the application for extension of time to appeal against a decision already dismissed as time-barred; the application is incompetent.

Citation
madenge abdallah 2 others vs rajabu mwemkala 2022 tzhclandd 12468 18 october 2022
Parties
Applicant: Madenge Abdallah; Applicant: Iddi Ally; Applicant: Muharami Ramadhani; Respondent: Rajabu Mwemkala
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Functus Officio, Appeals, Limitation of Actions
Source Language
English
Land Law Civil Procedure Extension of Time Functus Officio Appeals Limitation of Actions

Case Brief

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Parties

Madenge Abdallah

Applicant

Iddi Ally

Applicant

Muharami Ramadhani

Applicant

Rajabu Mwemkala

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court can entertain an application for extension of time to appeal after a previous appeal was dismissed as time-barred
  2. 2 Whether the application is properly before the court

Ratio Decidendi

The court is functus officio and cannot entertain the application for extension of time to appeal against a decision already dismissed as time-barred; the application is incompetent.

Court Disposition

application dismissed

Orders

  • application dismissed for being incompetent before the court without costs