20090828 TZCA Dar es Salaam

20090828 TZCA Dar es Salaam

A defective record of appeal cannot be cured by filing a supplementary record; a fresh record must be filed according to law. The application for extension of time is incompetent and is struck out with costs.

Citation
20090828 TZCA Dar es Salaam
Parties
Applicant: Shamsa Manja; Respondent: Betty Richard
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 August 2009
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Defective Decree, Record of Appeal, Supplementary Record, Limitation Period
Source Language
English
Civil Procedure Extension of Time Defective Decree Record of Appeal Supplementary Record Limitation Period

Case Brief

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Parties

Shamsa Manja

Applicant

Betty Richard

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant can be granted extension of time to file a record of appeal containing a valid decree out of time
  2. 2 Whether a defective record of appeal can be cured by filing a supplementary record of appeal
  3. 3 Whether the application is time-barred

Ratio Decidendi

A defective record of appeal cannot be cured by filing a supplementary record; a fresh record must be filed according to law. The application for extension of time is incompetent and is struck out with costs.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs