20171115 TZCA Dar es Salaam

20171115 TZCA Dar es Salaam

Annexing a ruling instead of an extracted order is legally sufficient as per established case law; applicant demonstrated good cause for delay due to late supply of certified copy by High Court; extension of time granted.

Source-derived case information.

Citation
20171115 TZCA Dar es Salaam
Parties
Applicant: Modern Newspaper Printers Limited; Respondent: Clouds Entertainment Company Ltd; Respondent: Clouds FM Radio Station; Respondent: Doctor Sebastian Nuege
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 November 2017
Procedural Posture
Civil Application / Application for Extension of Time to Appeal
Outcome
application granted
Legal Topics
Extension of Time, Leave to Appeal, Preliminary Objection, Appellate Jurisdiction
Source Language
english
Civil Procedure Extension of Time Leave to Appeal Preliminary Objection Appellate Jurisdiction

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Summary, issues, holding and outcome

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Parties

Modern Newspaper Printers Limited

Applicant

Clouds Entertainment Company Ltd

Respondent

Clouds FM Radio Station

Respondent

Doctor Sebastian Nuege

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether preliminary objection regarding competency can be raised in reply submissions
  2. 2 Whether annexing a ruling instead of an extracted order is legally proper under Rule 49(3)
  3. 3 Whether applicant established good cause for delay in lodging application

Ratio Decidendi

Annexing a ruling instead of an extracted order is legally sufficient as per established case law; applicant demonstrated good cause for delay due to late supply of certified copy by High Court; extension of time granted.

Court Disposition

application granted

Orders

  • Extension of time to lodge application for leave to appeal granted; to be filed within twenty-one days from date of ruling.