tradeteck limited another v koru freight limited 2023 tzhclandd 16575 25 may 2023

The application was filed 115 days after the impugned decision, exceeding the thirty-day limit, and no leave for extension was sought or granted; additionally, no notice of appeal was filed as required by Rule 46(1), rendering the application fatally defective and warranting dismissal.

Citation: tradeteck limited another v koru freight limited 2023 tzhclandd 16575 25 may 2023
Parties: Applicant: Tradteck Limited; Applicant: Suleiman Nassoro Mohamed; Respondent: Koru Freight Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 25 May 2023
Procedural Posture: Miscellaneous Land Application / Ex Parte Ruling on Preliminary Objections
Outcome: Application dismissed with costs
Legal Topics: Limitation of Time, Leave to Appeal, Notice of Appeal, Preliminary Objections
Source Language: English

Civil Procedure Land Law Appellate Procedure Limitation of Time Leave to Appeal Notice of Appeal Preliminary Objections

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Parties

Tradteck Limited

Applicant

Suleiman Nassoro Mohamed

Applicant

Koru Freight Limited

Respondent

Procedural Posture

Miscellaneous Land Application / Ex Parte Ruling on Preliminary Objections

Legal Issues

1 Whether the application for leave to appeal is time barred
2 Whether the application contravenes Rule 46(1) by lacking a notice of appeal

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Application dismissed in its entirety with costs
Right of appeal to the Court of Appeal explained