20021115 TZCA Tanga

20021115 TZCA Tanga

The application was dismissed because no sufficient cause was shown for the delay and the Court of Appeal lacks jurisdiction to certify a point of law in matters originating from the Primary Court; that power lies exclusively with the High Court.

Citation
20021115 TZCA Tanga
Parties
Applicant: Said I Omari; Respondent: Pajabu Kaniki
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 November 2002
Procedural Posture
Civil Application / Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Jurisdiction to Certify Point of Law, Appeals From Primary Court Decisions
Source Language
English
Civil Procedure Appellate Practice Extension of Time Jurisdiction to Certify Point of Law Appeals From Primary Court Decisions

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Parties

Said I Omari

Applicant

Pajabu Kaniki

Respondent

Procedural Posture

Civil Application / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to apply for a certificate on a point of law
  2. 2 Whether the Court of Appeal has jurisdiction to certify a point of law in matters originating from the Primary Court

Ratio Decidendi

The application was dismissed because no sufficient cause was shown for the delay and the Court of Appeal lacks jurisdiction to certify a point of law in matters originating from the Primary Court; that power lies exclusively with the High Court.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time dismissed.
  • Application for certificate on a point of law dismissed.