20160810 TZCA Dar es Salaam

20160810 TZCA Dar es Salaam

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 can be expunged if the remaining paragraphs sustain the application. The preliminary objection is without merit.

Citation
20160810 TZCA Dar es Salaam
Parties
Applicant: Tanzania Electric Supply Co. Ltd; Respondents: Mufungo Leonard Majura & 14 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 August 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection in Application for Extension of Time to Lodge Application 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

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Parties

Tanzania Electric Supply Co. Ltd

Applicant

Mufungo Leonard Majura & 14 Others

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant a further extension of time after a previous extension under Rule 10 of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the application is incompetent due to affidavit defects and being 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 can be expunged if the remaining paragraphs sustain the application. The preliminary objection is without merit.

Court Disposition

Preliminary objection dismissed

Orders

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