tanzania breweries ltd vs charles j msuku and another 1997 tzca 71 6 june 1997
The application was incompetent as it was prematurely filed in the Court of Appeal without first applying to the High Court for extension of time, as required by rule 44 of the Court of Appeal Rules.
- Citation
- tanzania breweries ltd vs charles j msuku and another 1997 tzca 71 6 june 1997
- Parties
- Applicant: Tanzania Breweries Ltd.; Respondent: Charles J. Msuku; Respondent: Yahya Mtetej
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 June 1997
- Procedural Posture
- Civil Application / Application for Extension of Time and Stay of Execution
- Outcome
- application struck out as incompetent
- Legal Topics
- Extension of Time, Stay of Execution, Preliminary Objection, Consent Judgment, Alternative Dispute Resolution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tanzania Breweries Ltd.
Applicant
Charles J. Msuku
Respondent
Yahya Mtetej
Respondent
Procedural Posture
Civil Application / Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the application for extension of time and stay of execution was properly before the Court of Appeal
- 2 Whether the application should have been made to the High Court first
Ratio Decidendi
The application was incompetent as it was prematurely filed in the Court of Appeal without first applying to the High Court for extension of time, as required by rule 44 of the Court of Appeal Rules.
Court Disposition
application struck out as incompetent
Orders
- application for extension of time struck out
- application for stay of execution dismissed
Full Case Text
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