muhsin ramadhani salim vs hossein haji another 2022 tzhclandd 12701 6 december 2022

muhsin ramadhani salim vs hossein haji another 2022 tzhclandd 12701 6 december 2022

The applicant failed to account for each day of delay and did not substantiate the alleged illegality; the High Court lacks jurisdiction to grant extension of time to serve notice of appeal and letter requesting judgment copies, which is within the exclusive domain of the Court of Appeal.

Citation
muhsin ramadhani salim vs hossein haji another 2022 tzhclandd 12701 6 december 2022
Parties
Applicant: Muhsin Ramadhani Salim; 1st Respondent: Hossein Haji; 2nd Respondent: Mstili Hosseni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 December 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed in part and struck out in part; no order as to costs.
Legal Topics
Extension of Time, Review, Service of Notice of Appeal, Jurisdiction
Source Language
English
Civil Procedure Land Law Extension of Time Review Service of Notice of Appeal Jurisdiction

Case Brief

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Parties

Muhsin Ramadhani Salim

Applicant

Hossein Haji

1st Respondent

Mstili Hosseni

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file review
  2. 2 Whether the High Court has jurisdiction to grant extension of time to serve notice of appeal and letter requesting judgment copies

Ratio Decidendi

The applicant failed to account for each day of delay and did not substantiate the alleged illegality; the High Court lacks jurisdiction to grant extension of time to serve notice of appeal and letter requesting judgment copies, which is within the exclusive domain of the Court of Appeal.

Court Disposition

Application dismissed in part and struck out in part; no order as to costs.

Orders

  • Second relief (extension of time to serve notice of appeal and letter) struck out for want of jurisdiction.
  • First relief (extension of time to file review) dismissed for lack of sufficient cause.