20060829 TZCA Mbeya2

20060829 TZCA Mbeya2

The application was misconceived and fatally defective due to failure to cite the enabling legal provision, reliance on an inapplicable statute, lack of clarity on the nature of leave sought, and failure to follow the proper procedural steps, including seeking a certificate on a point of law from the High Court.

Citation
20060829 TZCA Mbeya2
Parties
Applicant: Vjugeny Mwakujonga; Respondent: Not specified
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2006
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Leave to Appeal, Appellate Jurisdiction, Procedural Defects
Source Language
English
Civil Procedure Appellate Practice Extension of Time Leave to Appeal Appellate Jurisdiction Procedural Defects

Case Brief

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Parties

Vjugeny Mwakujonga

Applicant

Not specified

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the application for extension of time and leave to appeal was properly before the Court of Appeal
  2. 2 Whether the correct legal provisions and procedures were followed

Ratio Decidendi

The application was misconceived and fatally defective due to failure to cite the enabling legal provision, reliance on an inapplicable statute, lack of clarity on the nature of leave sought, and failure to follow the proper procedural steps, including seeking a certificate on a point of law from the High Court.

Court Disposition

Application struck out

Orders

  • The application is struck out as misconceived and defective.
  • The respondent is awarded costs.