mariam nyangasa vs shabani ally sembe 2022 tzca 294 18 may 2022

mariam nyangasa vs shabani ally sembe 2022 tzca 294 18 may 2022

The appeal was incompetent as the appellant failed to follow the prescribed procedure under Rule 45A (1) (c) of the Rules, which required filing a similar application in the Court of Appeal within fourteen days after refusal by the High Court, not lodging an appeal.

Citation
mariam nyangasa vs shabani ally sembe 2022 tzca 294 18 may 2022
Parties
Appellant: Mariam Nyangasa; Respondent: Shabani Ally Sembe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 May 2022
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Extension of Time, Certificate on Point of Law, Appeal Procedure, Jurisdiction
Source Language
English
Civil Procedure Land Law Extension of Time Certificate on Point of Law Appeal Procedure Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Mariam Nyangasa

Appellant

Shabani Ally Sembe

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal was properly before the Court of Appeal after refusal by the High Court to extend time to apply for certificate on point of law
  2. 2 Whether the appellant followed the correct procedure under Rule 45A (1) (c) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The appeal was incompetent as the appellant failed to follow the prescribed procedure under Rule 45A (1) (c) of the Rules, which required filing a similar application in the Court of Appeal within fourteen days after refusal by the High Court, not lodging an appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.
  • Each party to bear its own costs.