ali juma another vs yusuph mohamed 2018 tzhc 2597 26 september 2018

ali juma another vs yusuph mohamed 2018 tzhc 2597 26 september 2018

The appeal was filed eight days after the statutory limitation period expired, and there was no order extending time; therefore, the appeal is incompetent and must be struck out.

Citation
ali juma another vs yusuph mohamed 2018 tzhc 2597 26 september 2018
Parties
Appellant: Ali Juma; Appellant: Asia Shaaban; Respondent: Yusuph Mohamed
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 September 2018
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as time barred
Legal Topics
Limitation of Actions, Appeals, Extension of Time
Source Language
English
Civil Procedure Limitation of Actions Appeals Extension of Time

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 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ali Juma

Appellant

Asia Shaaban

Appellant

Yusuph Mohamed

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the court can entertain an appeal filed out of time without an order for extension

Ratio Decidendi

The appeal was filed eight days after the statutory limitation period expired, and there was no order extending time; therefore, the appeal is incompetent and must be struck out.

Court Disposition

appeal struck out as time barred

Orders

  • The appeal is struck out as incompetent.