zaituni bakari vs salima hamisi saharani another 2013 tzhc 2182 3 july 2013

zaituni bakari vs salima hamisi saharani another 2013 tzhc 2182 3 july 2013

The application was filed 48 days after the judgment, exceeding the 14-day limit prescribed by Rule 45(a) of the Court of Appeal Rules 2009. Without an application for extension of time, the application is incompetent.

Citation
zaituni bakari vs salima hamisi saharani another 2013 tzhc 2182 3 july 2013
Parties
Applicant: Zaituni Bakari; 1st Respondent: Salima Hamisi Saharani; 2nd Respondent: Haji Kabaka Hamisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 July 2013
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Leave to Appeal
Outcome
Application struck out as incompetent
Legal Topics
Leave to Appeal, Time Limitation, Extension of Time
Source Language
English
Civil Procedure Land Law Leave to Appeal Time Limitation Extension of Time

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Parties

Zaituni Bakari

Applicant

Salima Hamisi Saharani

1st Respondent

Haji Kabaka Hamisi

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time limit
  2. 2 Whether the applicant should have sought extension of time before filing for leave to appeal

Ratio Decidendi

The application was filed 48 days after the judgment, exceeding the 14-day limit prescribed by Rule 45(a) of the Court of Appeal Rules 2009. Without an application for extension of time, the application is incompetent.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • No order as to costs