rutagatina cl vs the advocates committee another 2011 tzca 143 18 february 2011

rutagatina cl vs the advocates committee another 2011 tzca 143 18 february 2011

The Court of Appeal Rules do not provide for omnibus applications; applications for extension of time and for leave to appeal must be filed separately as they are governed by different provisions, have different time frames, considerations, and jurisdictions. The applicant failed to justify a departure from the Rules under Rule 4(1).

Citation
rutagatina cl vs the advocates committee another 2011 tzca 143 18 february 2011
Parties
Applicant: Rutagatina C.L.; 1st Respondent: The Advocates Committee; 2nd Respondent: Clavery Mtindo Ngalapa C
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2011
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Omnibus Application
Outcome
Application struck out
Legal Topics
Omnibus Applications, Extension of Time, Leave to Appeal, Appellate Procedure
Source Language
English
Civil Procedure Omnibus Applications Extension of Time Leave to Appeal Appellate Procedure

Case Brief

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Parties

Rutagatina C.L.

Applicant

The Advocates Committee

1st Respondent

Clavery Mtindo Ngalapa C

2nd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Omnibus Application

Legal Issues

  1. 1 Whether an omnibus application for extension of time and leave to appeal is competent under the Court of Appeal Rules

Ratio Decidendi

The Court of Appeal Rules do not provide for omnibus applications; applications for extension of time and for leave to appeal must be filed separately as they are governed by different provisions, have different time frames, considerations, and jurisdictions. The applicant failed to justify a departure from the Rules under Rule 4(1).

Court Disposition

Application struck out

Orders

  • Omnibus application struck out
  • No order as to costs