shelina midas jahanger others vs nyakutonya npf c ltd 2016 tzca 613 30 may 2016

shelina midas jahanger others vs nyakutonya npf c ltd 2016 tzca 613 30 may 2016

Illegality in the lower court proceedings, specifically the lack of pecuniary jurisdiction by the Resident Magistrate's Court over the monetary claim, constitutes good cause under Rule 10 of the Tanzania Court of Appeal Rules, 2009, justifying extension of time and leave to appeal.

Citation
shelina midas jahanger others vs nyakutonya npf c ltd 2016 tzca 613 30 may 2016
Parties
Applicant: Shelina Midas Jahanger; Applicant: Jahangir Tejani; Applicant: Kiritkant K. Pattni; Applicant: Firoz Tejani; Applicant: Zulfikar Tejania; Respondent: Nyakutonya NPF Co Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 May 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Pecuniary Jurisdiction, Ex Parte Judgment, Right to Appeal
Source Language
English
Civil Procedure Jurisdiction Extension of Time Illegality as Ground for Extension Pecuniary Jurisdiction Ex Parte Judgment Right to Appeal

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Parties

Shelina Midas Jahanger

Applicant

Jahangir Tejani

Applicant

Kiritkant K. Pattni

Applicant

Firoz Tejani

Applicant

Zulfikar Tejania

Applicant

Nyakutonya NPF Co Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether illegality in lower court proceedings constitutes good cause for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the Resident Magistrate's Court had pecuniary jurisdiction over the monetary claim of Tshs. 12,000,000/=
  3. 3 Whether the applicants are entitled to leave to appeal and extension of time

Ratio Decidendi

Illegality in the lower court proceedings, specifically the lack of pecuniary jurisdiction by the Resident Magistrate's Court over the monetary claim, constitutes good cause under Rule 10 of the Tanzania Court of Appeal Rules, 2009, justifying extension of time and leave to appeal.

Court Disposition

Application granted

Orders

  • Extension of time to lodge Notice of Appeal to the Court of Appeal granted; to be filed within thirty (30) days.
  • Leave to appeal to the Court of Appeal granted; to be filed within thirty (30) days.