mussa mustafa vs halidi ahmad 2022 tzca 361 16 june 2022

mussa mustafa vs halidi ahmad 2022 tzca 361 16 june 2022

The application was time barred as it was filed beyond the 14-day period prescribed by Rule 45A(1)(b), and there was no certificate of delay to justify exclusion of time for obtaining certified copies.

Citation
mussa mustafa vs halidi ahmad 2022 tzca 361 16 june 2022
Parties
Applicant: Mussa Mustafa; Respondent: Halidi Ahamad
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Leave to Appeal, Limitation Period
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Limitation Period

Case Brief

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Parties

Mussa Mustafa

Applicant

Halidi Ahamad

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to apply for leave to appeal was filed within the prescribed period under Rule 45A(1)(b) of the Court of Appeal Rules, 2009
  2. 2 Whether the applicant was entitled to exclusion of time for obtaining certified copies under Rule 45A(2)

Ratio Decidendi

The application was time barred as it was filed beyond the 14-day period prescribed by Rule 45A(1)(b), and there was no certificate of delay to justify exclusion of time for obtaining certified copies.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Costs awarded to respondent