stephen albert kessy vs registereed trustees moshi dioces others 2007 tzhc 339 3 august 2007

stephen albert kessy vs registereed trustees moshi dioces others 2007 tzhc 339 3 august 2007

The application was struck out because it was brought under the wrong provisions of law, namely Section 14 of the Law of Limitation Act, 1971 and Section 95 of the Civil Procedure Code, 1966, instead of the specific provision, Section 11(1) of the Appellate Jurisdiction Act.

Citation
stephen albert kessy vs registereed trustees moshi dioces others 2007 tzhc 339 3 august 2007
Parties
Applicant: Stephen Albert K Essy; Respondent: The Registered Trustees Moshi Diocese; Respondent: August Nyange; Respondent: Severine Ndelianarua; Respondent: Alphonce Marealle; Respondent: Erasmus M Cha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Proper Citation of Enabling Provisions
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Jurisdiction Proper Citation of Enabling Provisions

Case Brief

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Parties

Stephen Albert K Essy

Applicant

The Registered Trustees Moshi Diocese

Respondent

August Nyange

Respondent

Severine Ndelianarua

Respondent

Alphonce Marealle

Respondent

Erasmus M Cha

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for extension of time is properly before the court when made under Section 14 of the Law of Limitation Act, 1971 and Section 95 of the Civil Procedure Code, 1966 instead of Section 11(1) of the Appellate Jurisdiction Act

Ratio Decidendi

The application was struck out because it was brought under the wrong provisions of law, namely Section 14 of the Law of Limitation Act, 1971 and Section 95 of the Civil Procedure Code, 1966, instead of the specific provision, Section 11(1) of the Appellate Jurisdiction Act.

Court Disposition

Application struck out

Orders

  • The application is struck out for being based on wrong provisions of law.
  • No order as to costs.