mbata vs catheless 2008 tzhc 5 31 march 2008

mbata vs catheless 2008 tzhc 5 31 march 2008

There is a point of law as to whether the application for extension of time survives after the petition of appeal is struck out, which is worthy of consideration by the Court of Appeal; leave to appeal is granted.

Citation
mbata vs catheless 2008 tzhc 5 31 march 2008
Parties
Applicant: Mathew Mbata; Respondent: Denis Catheless
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2008
Procedural Posture
Civil Appeal / Application for Leave to Appeal
Outcome
application for leave to appeal granted
Legal Topics
Leave to Appeal, Extension of Time, Striking Out Appeal, Procedural Competency
Source Language
English
Civil Procedure Leave to Appeal Extension of Time Striking Out Appeal Procedural Competency

Case Brief

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Parties

Mathew Mbata

Applicant

Denis Catheless

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether striking out the petition of appeal renders the application for extension of time nugatory
  2. 2 Whether the application for extension of time survives after the appeal is struck out

Ratio Decidendi

There is a point of law as to whether the application for extension of time survives after the petition of appeal is struck out, 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