mohamed salimini vs jumanne mapesa 2012 tzhc 104 22 november 2012

The application was filed outside the fourteen-day limitation period prescribed by Rule 45(a) of the Court of Appeal Rules, 2009, making it incompetent before the court.

Citation: mohamed salimini vs jumanne mapesa 2012 tzhc 104 22 november 2012
Parties: Applicant: Mohamed Salimini; Respondent: Jumanne Mapesa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 November 2012
Procedural Posture: Misc. Civil Application / Ruling on Preliminary Objection
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Leave to Appeal, Limitation Period, Preliminary Objection
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Limitation Period Preliminary Objection

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Parties

Mohamed Salimini

Applicant

Jumanne Mapesa

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection

Legal Issues

1 Whether the application for leave to appeal was filed within the prescribed limitation period
2 Whether the application is legally competent in light of procedural defects

Ratio Decidendi

The application was filed outside the fourteen-day limitation period prescribed by Rule 45(a) of the Court of Appeal Rules, 2009, making it incompetent before the court.

Court Disposition

Application struck out with costs

Orders

The application is struck out as incompetent.
Costs awarded to the respondent.