ramadhani myolele vs hamad ali islam 2023 tzhc 23517 15 december 2023

ramadhani myolele vs hamad ali islam 2023 tzhc 23517 15 december 2023

The High Court lacks jurisdiction to entertain an application for extension of time to appeal against an order refusing extension of time by the Resident Magistrate's Court, as such an order is not appealable under section 74 and Order XL of the Civil Procedure Code.

Citation
ramadhani myolele vs hamad ali islam 2023 tzhc 23517 15 december 2023
Parties
Applicant: Ramadhani Myolele; Respondent: Hamad Ali Islam
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2023
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection Regarding Jurisdiction
Outcome
Application struck out for want of jurisdiction
Legal Topics
Extension of Time, Appealable Orders, Jurisdiction, Civil Appeals
Source Language
English
Civil Procedure Extension of Time Appealable Orders Jurisdiction Civil Appeals

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Parties

Ramadhani Myolele

Applicant

Hamad Ali Islam

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objection Regarding Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain an application for extension of time to appeal against an order refusing extension of time by the Resident Magistrate's Court
  2. 2 Whether the order refusing extension of time is appealable under section 74 and Order XL of the Civil Procedure Code

Ratio Decidendi

The High Court lacks jurisdiction to entertain an application for extension of time to appeal against an order refusing extension of time by the Resident Magistrate's Court, as such an order is not appealable under section 74 and Order XL of the Civil Procedure Code.

Court Disposition

Application struck out for want of jurisdiction

Orders

  • The application is struck out as incompetent before the Court.
  • No order as to costs.