polycarp lazaro vs rashid kavikuta 2023 tzhclandd 16422 25 april 2023

polycarp lazaro vs rashid kavikuta 2023 tzhclandd 16422 25 april 2023

The High Court lacks jurisdiction to grant extension of time to appeal to the Court of Appeal; such jurisdiction lies with the Court of Appeal itself.

Source-derived case information.

Citation
polycarp lazaro vs rashid kavikuta 2023 tzhclandd 16422 25 april 2023
Parties
Applicant: Polycarp Lazaro; Respondent: Rashid Kavikuta
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 April 2023
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Jurisdiction, Preliminary Objection, Defective Jurat of Attestation
Source Language
english
Civil Procedure Appellate Practice Extension of Time Jurisdiction Preliminary Objection Defective Jurat of Attestation

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Summary, issues, holding and outcome

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Parties

Polycarp Lazaro

Applicant

Rashid Kavikuta

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for extension of time to appeal to the Court of Appeal
  2. 2 Whether the application is fatally defective due to a defective jurat of attestation

Ratio Decidendi

The High Court lacks jurisdiction to grant extension of time to appeal to the Court of Appeal; such jurisdiction lies with the Court of Appeal itself.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicant to pay costs