20010914 TZCA Arusha

20010914 TZCA Arusha

The application for leave to appeal was filed grossly out of time, and the High Court judge acted without jurisdiction in entertaining it. Rule 46(3) does not require annexing a copy of the ruling to applications for leave made to the High Court. The appeal is incompetent for want of leave to appeal.

Citation
20010914 TZCA Arusha
Parties
Appellants: Faustine G. Ichila and Kafu M. Allia; Respondent: Scolastica Paul
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 September 2001
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections in the Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Leave to Appeal, Time Limitation, Jurisdiction, Preliminary Objections
Source Language
English
Civil Procedure Leave to Appeal Time Limitation Jurisdiction Preliminary Objections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Faustine G. Ichila and Kafu M. Allia

Appellants

Scolastica Paul

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections in the Court of Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed out of time
  2. 2 Whether the High Court had jurisdiction to grant leave to appeal when the application was time-barred
  3. 3 Whether rule 46(3) of the Court of Appeal Rules requires annexing a copy of the ruling to an application for leave to appeal in the High Court

Ratio Decidendi

The application for leave to appeal was filed grossly out of time, and the High Court judge acted without jurisdiction in entertaining it. Rule 46(3) does not require annexing a copy of the ruling to applications for leave made to the High Court. The appeal is incompetent for want of leave to appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • Order of the High Court granting leave to appeal set aside
  • Appeal struck out for want of leave to appeal