mathew mbata vs denis catheless 2008 tzhc 234 31 march 2008

mathew mbata vs denis catheless 2008 tzhc 234 31 march 2008

There is a point of law as to whether the striking out of the petition of appeal rendered the application for extension of time to appeal nugatory, which is worthy of consideration by the Court of Appeal. Leave to appeal is granted.

Citation
mathew mbata vs denis catheless 2008 tzhc 234 31 march 2008
Parties
Applicant: Mathew M Bata; Respondent: Denis Catheless
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2008
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Appeal
Outcome
application for leave to appeal granted
Legal Topics
Leave to Appeal, Extension of Time, Striking Out of Appeal, Competency of Appeal
Source Language
English
Civil Procedure Leave to Appeal Extension of Time Striking Out of Appeal Competency of Appeal

Case Brief

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Parties

Mathew M Bata

Applicant

Denis Catheless

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the striking out of the petition of appeal rendered the application for extension of time to appeal nugatory
  2. 2 Whether the application for extension of time to appeal should have been heard before striking out the appeal

Ratio Decidendi

There is a point of law as to whether the striking out of the petition of appeal rendered the application for extension of time to appeal nugatory, which is worthy of consideration by the Court of Appeal. Leave to appeal is granted.

Court Disposition

application for leave to appeal granted

Orders

  • Leave to appeal to the Court of Appeal of Tanzania is granted