abdallah bakari hamis v nmb plc another 2024 tzhc 485 28 february 2024

The appeal was filed out of time without leave of the court, as the previous order did not grant an extension of time to appeal but only permitted the filing of a proper application. Therefore, the appeal is time-barred and must be dismissed under Section 3(1) of the Law of Limitation Act.

Citation: abdallah bakari hamis v nmb plc another 2024 tzhc 485 28 february 2024
Parties: Appellant: Abdallah Bakari Hamis; 1st Respondent: NMB PLC; 2nd Respondent: Dolphin General Business Ent. Co. Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 February 2024
Procedural Posture: Land Case Appeal / Ruling on Preliminary Objection
Outcome: Appeal dismissed as time-barred
Legal Topics: Limitation of Actions, Appeals, Extension of Time, Preliminary Objection
Source Language: English

Land Law Civil Procedure Limitation of Actions Appeals Extension of Time Preliminary Objection

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Parties

Abdallah Bakari Hamis

Appellant

NMB PLC

1st Respondent

Dolphin General Business Ent. Co. Ltd

2nd Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal is time-barred
2 Whether the previous court order granted extension of time to appeal

Ratio Decidendi

Court Disposition

Appeal dismissed as time-barred

Orders

Appeal dismissed under Section 3(1) of the Law of Limitation Act [Cap. 89 R.E. 2019]
Costs to be borne by the appellant