rosemary stella jairo vs david kitundy jairo 2016 tzca 801 27 april 2016

rosemary stella jairo vs david kitundy jairo 2016 tzca 801 27 april 2016

Non-compliance with Rule 106(1) is not excused by unsupported claims of illness; withdrawal is not permitted in such circumstances. The application is struck out, not dismissed, to allow the applicant another opportunity, subject to limitation laws.

Citation
rosemary stella jairo vs david kitundy jairo 2016 tzca 801 27 april 2016
Parties
Applicant: Rosemary Stella Jairo; Respondent: David Kttundy Jairo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 April 2016
Procedural Posture
Civil Application / Application for Extension of Time
Outcome
application struck out with costs
Legal Topics
Extension of Time, Non Compliance With Procedural Rules, Written Submissions
Source Language
English
Civil Procedure Extension of Time Non Compliance With Procedural Rules Written Submissions

Case Brief

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Parties

Rosemary Stella Jairo

Applicant

David Kttundy Jairo

Respondent

Procedural Posture

Civil Application / Application for Extension of Time

Legal Issues

  1. 1 Whether failure to file written submissions within 60 days under Rule 106(1) of the Tanzania Court of Appeal Rules, 2009 warrants dismissal or striking out of the application
  2. 2 Whether the applicant's illness constitutes exceptional circumstances to waive the requirement under Rule 106(1)

Ratio Decidendi

Non-compliance with Rule 106(1) is not excused by unsupported claims of illness; withdrawal is not permitted in such circumstances. The application is struck out, not dismissed, to allow the applicant another opportunity, subject to limitation laws.

Court Disposition

application struck out with costs

Orders

  • The application is struck out with costs.