20060307 TZHC Dar es Salaam 1

20060307 TZHC Dar es Salaam 1

The appeal was filed out of time, beyond the mandatory 45-day period, and was not filed in the proper court as required by law; therefore, the appeal is not maintainable and must be struck out with costs.

Citation
20060307 TZHC Dar es Salaam 1
Parties
Appellant: Edwin Shaidi; Respondent: Doroth Shaidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 March 2006
Procedural Posture
Misc. Civil Appeal / Ruling on Preliminary Objections
Outcome
Appeal struck out as time barred with costs.
Legal Topics
Matrimonial Proceedings, Appeal Procedure, Limitation Period, Filing Requirements
Source Language
English
Family Law Civil Procedure Matrimonial Proceedings Appeal Procedure Limitation Period Filing Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edwin Shaidi

Appellant

Doroth Shaidi

Respondent

Procedural Posture

Misc. Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal was time barred under the Law of Marriage Act
  2. 2 Whether the appeal was properly filed in accordance with the Matrimonial Proceedings Rules, 1971

Ratio Decidendi

The appeal was filed out of time, beyond the mandatory 45-day period, and was not filed in the proper court as required by law; therefore, the appeal is not maintainable and must be struck out with costs.

Court Disposition

Appeal struck out as time barred with costs.

Orders

  • Appeal is time barred.
  • Appeal is struck out with costs.