20140702 TZCA Arusha
The Court of Appeal lacks jurisdiction to entertain applications for extension of time to file a notice of appeal; such power is exclusively vested in the High Court or subordinate court exercising extended powers under section 11(1) of the Appellate Jurisdiction Act.
Source-derived case information.
- Citation
- 20140702 TZCA Arusha
- Parties
- Applicant: Philemon Mang'ehe t/a Bukene Traders; Respondent: Gesso Herbon Bajuta
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 July 2014
- Procedural Posture
- Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Notice of Appeal
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Extension of Time, Notice of Appeal, Jurisdiction of Appellate Courts
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philemon Mang'ehe t/a Bukene Traders
Applicant
Gesso Herbon Bajuta
Respondent
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to grant extension of time to file a notice of appeal under section 11(1) of the Appellate Jurisdiction Act
Ratio Decidendi
The Court of Appeal lacks jurisdiction to entertain applications for extension of time to file a notice of appeal; such power is exclusively vested in the High Court or subordinate court exercising extended powers under section 11(1) of the Appellate Jurisdiction Act.
Court Disposition
Application struck out as incompetent.
Orders
- Application for extension of time to file notice of appeal struck out.
- No order as to costs.
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