rosemary katunzi vs oscar mhagama another 2022 tzhclandd 12528 31 october 2022

rosemary katunzi vs oscar mhagama another 2022 tzhclandd 12528 31 october 2022

The application for extension of time to apply for leave to appeal is incompetent and premature as no notice of appeal has been filed; legal procedure requires notice of appeal to be lodged before seeking leave.

Citation
rosemary katunzi vs oscar mhagama another 2022 tzhclandd 12528 31 october 2022
Parties
Applicant: Rosemary Katunzi; 1st Respondent: Oscar Mhagama; 2nd Respondent: Sekunda Mhagama
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out as incompetent and premature.
Legal Topics
Extension of Time, Leave to Appeal, Premature Filing, Notice of Appeal
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Leave to Appeal Premature Filing Notice of Appeal

Case Brief

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Parties

Rosemary Katunzi

Applicant

Oscar Mhagama

1st Respondent

Sekunda Mhagama

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to apply for leave to appeal can be granted when no notice of appeal has been filed

Ratio Decidendi

The application for extension of time to apply for leave to appeal is incompetent and premature as no notice of appeal has been filed; legal procedure requires notice of appeal to be lodged before seeking leave.

Court Disposition

Application struck out as incompetent and premature.

Orders

  • No order as to costs
  • Right of appeal to the Court of Appeal explained