saidi mutamweza mutwe vs kondo shomari 2010 tzhc 164 23 august 2010

saidi mutamweza mutwe vs kondo shomari 2010 tzhc 164 23 august 2010

The application was incompetent because the applicant failed to cite the correct legal provisions (Appellate Jurisdiction Act, 1979 and Court of Appeal Rules, 2009) governing applications for leave to appeal to the Court of Appeal.

Citation
saidi mutamweza mutwe vs kondo shomari 2010 tzhc 164 23 august 2010
Parties
Applicant: Saidi Mutamweza Mutwe; Respondent: Kondo Shomari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 August 2010
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time to Seek Leave to Appeal
Outcome
application struck out
Legal Topics
Extension of Time, Leave to Appeal, Appellate Procedure, Incompetent Application
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Appellate Procedure Incompetent Application

Case Brief

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Parties

Saidi Mutamweza Mutwe

Applicant

Kondo Shomari

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 Whether the applicant properly moved the court by citing the correct legal provisions for extension of time to seek leave to appeal to the Court of Appeal

Ratio Decidendi

The application was incompetent because the applicant failed to cite the correct legal provisions (Appellate Jurisdiction Act, 1979 and Court of Appeal Rules, 2009) governing applications for leave to appeal to the Court of Appeal.

Court Disposition

application struck out

Orders

  • application struck out
  • respondent awarded costs