ramadhani abdi vs emmanuel martin shuma 2024 tzhc 283 13 february 2024

The court is functus officio and cannot entertain an application for extension of time after previously determining the applicant was time barred; the application is improperly before the court.

Citation: ramadhani abdi vs emmanuel martin shuma 2024 tzhc 283 13 february 2024
Parties: Applicant: Ramadhani Abdi; Respondent: Emmanuel Martin Shuma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 February 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: Application struck out with costs
Legal Topics: Extension of Time, Leave to Appeal, Functus Officio, Limitation of Actions
Source Language: English

Civil Procedure Extension of Time Leave to Appeal Functus Officio Limitation of Actions

Case Brief

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Parties

Ramadhani Abdi

Applicant

Emmanuel Martin Shuma

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the court can grant extension of time to file notice and leave to appeal after previous application was struck out for being time barred
2 Whether sufficient reasons for delay were demonstrated

Ratio Decidendi

The court is functus officio and cannot entertain an application for extension of time after previously determining the applicant was time barred; the application is improperly before the court.

Court Disposition

Application struck out with costs

Orders

Application struck out
Costs awarded to respondent