20111108 TZCA Mwanza

20111108 TZCA Mwanza

The prescribed time for making an application for leave to appeal after refusal by the High Court is fourteen days under Rule 45(b), not sixty days. The Court retains discretion to extend time if good cause is shown. The preliminary objection based on the sixty days rule is without merit and is dismissed.

Citation
20111108 TZCA Mwanza
Parties
Applicant: Oswald Masatu Mwizarubi; Respondent: Tanzania Fish Processors Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 November 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Preliminary Objection, Time Limitation
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Preliminary Objection Time Limitation

Case Brief

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Parties

Oswald Masatu Mwizarubi

Applicant

Tanzania Fish Processors Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for extension of time was filed out of time
  2. 2 Whether the sixty days rule applies to applications for extension of time for leave to appeal
  3. 3 Whether Rule 45(b) of the Court of Appeal Rules prescribes the applicable time limit

Ratio Decidendi

The prescribed time for making an application for leave to appeal after refusal by the High Court is fourteen days under Rule 45(b), not sixty days. The Court retains discretion to extend time if good cause is shown. The preliminary objection based on the sixty days rule is without merit and is dismissed.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • Preliminary objection dismissed
  • Costs awarded to applicant