mwajuma ahmada mzee vs hadia ahmada mzee others 2019 tzca 442 2 december 2019

mwajuma ahmada mzee vs hadia ahmada mzee others 2019 tzca 442 2 december 2019

The application was lodged forty-two days after the High Court's refusal, exceeding the fourteen-day period prescribed by Rule 45A (1) (a), and there was no certificate of delay to justify exclusion of time; therefore, the application is time barred and incompetent.

Citation
mwajuma ahmada mzee vs hadia ahmada mzee others 2019 tzca 442 2 december 2019
Parties
Applicant: Mwajuma Ahmada Mzee; Respondent: Hadia Ahmada Mzee; Respondent: Ahmada Mzee Ahmada; Respondent: Kamisheniya Waqfu na Mali ya Amana Zanzibar
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
application struck out as time barred
Legal Topics
Extension of Time, Notice of Appeal, Time Bar
Source Language
English
Civil Procedure Extension of Time Notice of Appeal Time Bar

Case Brief

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Parties

Mwajuma Ahmada Mzee

Applicant

Hadia Ahmada Mzee

Respondent

Ahmada Mzee Ahmada

Respondent

Kamisheniya Waqfu na Mali ya Amana Zanzibar

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether the application for extension of time to lodge notice of appeal was filed within the prescribed period under Rule 45A (1) (a) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant can benefit from exclusion of time for obtaining court documents without a certificate of delay

Ratio Decidendi

The application was lodged forty-two days after the High Court's refusal, exceeding the fourteen-day period prescribed by Rule 45A (1) (a), and there was no certificate of delay to justify exclusion of time; therefore, the application is time barred and incompetent.

Court Disposition

application struck out as time barred

Orders

  • application struck out
  • no order as to costs