abdallah mohsen malick vs kazimili mlyachuma others 2024 tzca 37 13 february 2024

abdallah mohsen malick vs kazimili mlyachuma others 2024 tzca 37 13 february 2024

The appeal was filed out of time because the appellant failed to serve the respondents with a copy of the letter requesting proceedings, making the certificate of delay invalid and the appeal time barred under Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009.

Citation
abdallah mohsen malick vs kazimili mlyachuma others 2024 tzca 37 13 february 2024
Parties
Appellant: Abdallah Mohsen Malick; Respondents: Kazimili Mlyachuma & 18 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 February 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as time barred
Legal Topics
Limitation Period, Service of Documents, Appeal Procedure, Land Ownership, Acquiescence
Source Language
English
Civil Procedure Land Law Limitation Period Service of Documents Appeal Procedure Land Ownership Acquiescence

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Parties

Abdallah Mohsen Malick

Appellant

Kazimili Mlyachuma & 18 Others

Respondents

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under the Court of Appeal Rules
  2. 2 Whether failure to serve the respondents with a copy of the letter requesting proceedings invalidates the certificate of delay and renders the appeal time barred

Ratio Decidendi

The appeal was filed out of time because the appellant failed to serve the respondents with a copy of the letter requesting proceedings, making the certificate of delay invalid and the appeal time barred under Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out as time barred

Orders

  • Appeal struck out for being time barred.
  • Respondents awarded costs.