william f muze vs yane tedy mayemba 2016 tzca 2037 14 december 2016

william f muze vs yane tedy mayemba 2016 tzca 2037 14 december 2016

The application for extension of time was not late and was therefore prematurely made; the application for certification of a point of law was misconceived as it is within the jurisdiction of the High Court, not the Court of Appeal.

Citation
william f muze vs yane tedy mayemba 2016 tzca 2037 14 december 2016
Parties
Applicant: William F. Muze; Respondent: Janete Dy Mayemba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2016
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Certification of Point of Law, Jurisdiction
Source Language
English
Civil Procedure Land Law Appellate Procedure Extension of Time Notice of Appeal Certification of Point of Law Jurisdiction

Case Brief

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Parties

William F. Muze

Applicant

Janete Dy Mayemba

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to file notice of appeal was filed out of time
  2. 2 Whether the Court of Appeal has jurisdiction to grant extension of time to file an application for certification of a point of law

Ratio Decidendi

The application for extension of time was not late and was therefore prematurely made; the application for certification of a point of law was misconceived as it is within the jurisdiction of the High Court, not the Court of Appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs to the respondent