20061018 TZHC Moshi

20061018 TZHC Moshi

No sufficient reasons were advanced for the delay, and the application for extension of time was filed out of time without leave of the court, rendering it incompetent and liable to be struck out. Consequently, the appeal was dismissed for want of prosecution.

Citation
20061018 TZHC Moshi
Parties
Appellant: Theodora Peter Mshomba; Respondent: Peter Mshomba; Respondent: Calist Seleka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2006
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time and Dismissal for Want of Prosecution
Outcome
appeal dismissed with costs for want of prosecution
Legal Topics
Extension of Time, Written Submissions, Dismissal for Want of Prosecution
Source Language
English
Civil Procedure Extension of Time Written Submissions Dismissal for Want of Prosecution

Case Brief

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Parties

Theodora Peter Mshomba

Appellant

Peter Mshomba

Respondent

Calist Seleka

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time and Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether sufficient reasons were advanced to justify extension of time to file written submissions
  2. 2 Whether the application for extension of time was properly before the court

Ratio Decidendi

No sufficient reasons were advanced for the delay, and the application for extension of time was filed out of time without leave of the court, rendering it incompetent and liable to be struck out. Consequently, the appeal was dismissed for want of prosecution.

Court Disposition

appeal dismissed with costs for want of prosecution

Orders

  • Application for extension of time struck out as incompetent
  • Appeal dismissed with costs