tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 867 17 august 2016

tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 867 17 august 2016

The Court of Appeal has jurisdiction under Rule 10 to grant further extensions of time, including to periods previously extended by the Court. Defective paragraphs in the affidavit do not render the application incompetent if the remaining paragraphs sustain the application. The preliminary objection is without merit and is dismissed.

Citation
tanzania electric supply co ltd vs mufungo leonard majura others 2016 tzca 867 17 august 2016
Parties
Applicant: Tanzania Electric Supply Co. Ltd; Respondents: Mufungqle Qnarlld Majura & 14 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to Apply for Stay of Execution
Outcome
Preliminary objection dismissed
Legal Topics
Extension of Time, Stay of Execution, Affidavit Defects, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Extension of Time Stay of Execution Affidavit Defects Jurisdiction Preliminary Objection

Case Brief

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Parties

Tanzania Electric Supply Co. Ltd

Applicant

Mufungqle Qnarlld Majura & 14 Others

Respondents

Procedural Posture

Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to Apply for Stay of Execution

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a further extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009 after a previous extension has lapsed
  2. 2 Whether the application is incompetent due to defects in the supporting affidavit
  3. 3 Whether the application is superfluous or overtaken by events

Ratio Decidendi

The Court of Appeal has jurisdiction under Rule 10 to grant further extensions of time, including to periods previously extended by the Court. Defective paragraphs in the affidavit do not render the application incompetent if the remaining paragraphs sustain the application. The preliminary objection is without merit and is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection dismissed
  • Costs to abide the outcome of the application