20140804 TZCA Dar es Salaam

20140804 TZCA Dar es Salaam

The Court of Appeal has jurisdiction to entertain an application for extension of time after refusal by the High Court, provided the application is made under Rule 10 of the Court of Appeal Rules. Wrong citation of additional rules does not render the application incompetent if the correct rule is cited. The...

Source-derived case information.

Citation
20140804 TZCA Dar es Salaam
Parties
Applicant: Pius Kuhangaika; Applicant: Ally Lung'ande; Applicant: Costa John (Administrator of the estate of the late Raphael Antony); Respondent: COWi Consult (T) Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 August 2014
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Application for Extension of Time
Outcome
Preliminary objection dismissed; application for extension of time granted
Legal Topics
Extension of Time, Appellate Procedure, Jurisdiction, Wrong Citation of Law
Source Language
english
Civil Procedure Extension of Time Appellate Procedure Jurisdiction Wrong Citation of Law

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Parties

Pius Kuhangaika

Applicant

Ally Lung'ande

Applicant

Costa John (Administrator of the estate of the late Raphael Antony)

Applicant

COWi Consult (T) Ltd.

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Application for Extension of Time

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant extension of time to file notice of appeal after refusal by the High Court
  2. 2 Whether wrong citation of law renders the application incompetent
  3. 3 Whether the applicants have shown good cause for delay

Ratio Decidendi

The Court of Appeal has jurisdiction to entertain an application for extension of time after refusal by the High Court, provided the application is made under Rule 10 of the Court of Appeal Rules. Wrong citation of additional rules does not render the application incompetent if the correct rule is cited. The applicants showed good cause for delay, and the application was filed within the prescribed period.

Court Disposition

Preliminary objection dismissed; application for extension of time granted

Orders

  • Preliminary objection dismissed with costs
  • Application for extension of time to file notice of appeal granted