20140922 TZCA Arusha

20140922 TZCA Arusha

The respondent's notice of appeal was filed almost three years after the decision, far outside the fourteen-day period prescribed by the rules, and is therefore struck out as time barred.

Citation
20140922 TZCA Arusha
Parties
Applicant: Bombo Lagwen; Respondent: Igwangwi Quaray
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 September 2014
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application allowed; notice of appeal struck out.
Legal Topics
Notice of Appeal, Limitation Periods, Striking Out Applications
Source Language
English
Civil Procedure Notice of Appeal Limitation Periods Striking Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Bombo Lagwen

Applicant

Igwangwi Quaray

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the respondent's notice of appeal was filed within the prescribed time limit under the applicable rules

Ratio Decidendi

The respondent's notice of appeal was filed almost three years after the decision, far outside the fourteen-day period prescribed by the rules, and is therefore struck out as time barred.

Court Disposition

Application allowed; notice of appeal struck out.

Orders

  • The notice of appeal filed on 24/8/2011 by the respondent is struck out.
  • The applicant shall have the costs of the application.