20060306 TZHC Dar es Salaam

20060306 TZHC Dar es Salaam

The application was rejected because it was brought under the wrong law (Civil Procedure Code instead of the Appellate Jurisdiction Act), a similar application was pending before the Court of Appeal, and the High Court could not revisit a matter already decided by it.

Citation
20060306 TZHC Dar es Salaam
Parties
Applicant: Mgeni Ally Kihondo; Respondents: Raphael John & Two Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 March 2006
Procedural Posture
Application for Extension of Time / Ruling on Application
Outcome
Application rejected with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Procedural Impropriety
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Jurisdiction Procedural Impropriety

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Parties

Mgeni Ally Kihondo

Applicant

Raphael John & Two Others

Respondents

Procedural Posture

Application for Extension of Time / Ruling on Application

Legal Issues

  1. 1 Whether the application for extension of time to apply for leave to appeal is competent
  2. 2 Whether the application was brought under the proper law
  3. 3 Whether the application is maintainable while a similar application is pending in the Court of Appeal

Ratio Decidendi

The application was rejected because it was brought under the wrong law (Civil Procedure Code instead of the Appellate Jurisdiction Act), a similar application was pending before the Court of Appeal, and the High Court could not revisit a matter already decided by it.

Court Disposition

Application rejected with costs

Orders

  • Application for extension of time is rejected
  • Applicant to pay costs