sogoka raphael vs florentina raphael 2023 tzca 17795 7 november 2023

sogoka raphael vs florentina raphael 2023 tzca 17795 7 november 2023

The Court of Appeal has no jurisdiction to entertain an application for revision against a High Court refusal to certify a point of law, and thus cannot grant an extension of time for such a barred application.

Citation
sogoka raphael vs florentina raphael 2023 tzca 17795 7 november 2023
Parties
Applicant: Sogoka Raphael; Respondent: Florentina Raphael
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 November 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Revision
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Certification of Point of Law, Jurisdiction of Appellate Court
Source Language
English
Civil Procedure Appellate Practice Extension of Time Revision Certification of Point of Law Jurisdiction of Appellate Court

Case Brief

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Parties

Sogoka Raphael

Applicant

Florentina Raphael

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Apply for Revision

Legal Issues

  1. 1 Whether the Court of Appeal can grant extension of time to apply for revision against a High Court refusal to certify a point of law
  2. 2 Whether such application is tenable in law

Ratio Decidendi

The Court of Appeal has no jurisdiction to entertain an application for revision against a High Court refusal to certify a point of law, and thus cannot grant an extension of time for such a barred application.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs