20080331 TZHC Dar es Salaam

20080331 TZHC Dar es Salaam

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

Citation
20080331 TZHC Dar es Salaam
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 to the Court of Appeal
Outcome
Application for leave to appeal granted
Legal Topics
Leave to Appeal, Extension of Time, Striking Out Appeal, Appellate Procedure
Source Language
English
Civil Procedure Leave to Appeal Extension of Time Striking Out Appeal Appellate Procedure

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Parties

Mathew Mbata

Applicant

Denis Catheless

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether striking out the petition of appeal renders the application for extension of time nugatory
  2. 2 Whether leave to appeal should be granted on the point of law arising from the ruling

Ratio Decidendi

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

Court Disposition

Application for leave to appeal granted

Orders

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