Automated Summary
Key Facts
The applicant, SUNA MWINYIMKUU, filed an application for extension of time to amend her Memorandum of Appeal in Civil Appeal No. 114 of 2015. The respondent, MOHAMED SELEMAN, argued the application was misconceived as Rule 111 of the Tanzania Court of Appeal Rules allows amendments at any time without requiring an extension. The court ruled the application was improperly before the court, noting Rule 10 (governing extensions) does not apply to amendments under Rule 111. The application was struck out with no costs due to the court's sua sponte intervention.
Issues
The court determined whether the applicant's request for an extension of time to amend their Memorandum of Appeal in Civil Appeal No. 114 of 2015 was properly before the Court. The ruling concluded that the application was misconceived because Rule 111 of the Tanzania Court of Appeal Rules allows amendments without a time limit, rendering Rule 10 inapplicable. The court struck out the application as an abuse of process.
Holdings
The Court of Appeal of Tanzania held that the applicant's application for extension of time to amend the Memorandum of Appeal was misconceived. The court ruled that under Rule 111 of the Tanzania Court of Appeal Rules, amendments to a memorandum of appeal can be sought at any time without a time limit, making Rule 10 (which governs extensions of time) inapplicable. Consequently, the court struck out the application with no order as to costs, as the anomaly was raised by the Court suo motu.
Remedies
The application for extension of time was struck out with no order as to costs since the anomaly was raised by the Court suo motu.
Legal Principles
The court applied Rule 10 (extension of time) and Rule 111 (amendment of documents) of the Tanzania Court of Appeal Rules to determine that an application for extension of time to amend a memorandum of appeal was misconceived. The ruling emphasized that amendments to memoranda of appeal have no time limit under Rule 111, rendering Rule 10 inapplicable.
Cited Statute
Tanzania Court of Appeal Rules, 2009
Judge Name
S. E. A. Mugasha
Passage Text
- The underlined expression clearly shows that, there is no time limit within which one can seek to amend the Memorandum of Appeal. Since, the time to amend the Memorandum of Appeal is not limited, Rule 10 is not applicable which renders the application misconceived as correctly submitted by Mr. Mtatiro learned counsel for the respondent. Since what is sought by the applicant can be remedied under Rule 111 of the Rules, to accede to the applicant's prayer to entertain this application for extension of time to amend the memorandum of appeal, is to condone to the abuse of court process.
- In the circumstances, I strike out the misconceived application with no order as to costs since the anomaly was raised by the Court suo motu.