nkanga msuya vs mariam ally 2019 tzhclandd 47 30 september 2019

The High Court, having already determined a previous application for extension of time on its merits and found no sufficient cause, is functus officio and cannot entertain a subsequent similar application; the proper remedy is to apply to the Court of Appeal.

Source-derived case information.

Citation: nkanga msuya vs mariam ally 2019 tzhclandd 47 30 september 2019
Parties: Applicant: Nkanga Msuya; Respondent: Mariam Ally
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 30 September 2019
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application struck out as incompetent
Legal Topics: Extension of Time, Leave to Appeal, Doctrine of Functus Officio
Source Language: english

Civil Procedure Land Law Extension of Time Leave to Appeal Doctrine of Functus Officio

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Nkanga Msuya

Applicant

Mariam Ally

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the High Court can entertain a second application for extension of time to apply for leave to appeal after a previous similar application was dismissed

Ratio Decidendi

Court Disposition

Application struck out as incompetent

Orders

The application is struck out.

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