alli s mtengeti vs jonas asseri 2006 tzhc 316 5 may 2006

alli s mtengeti vs jonas asseri 2006 tzhc 316 5 may 2006

Section 19(3) of the Law of Limitation Act, 1971 applies to appeals under the Magistrates’ Courts Act, 1984, so the time taken to obtain a copy of the judgment must be excluded when computing the limitation period. The appeal was filed within time as only 13 days elapsed after the appellant received the judgment copy.

Citation
alli s mtengeti vs jonas asseri 2006 tzhc 316 5 may 2006
Parties
Appellant: Alli S. Mtengeti; Respondent: Jonas Asseri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2006
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Limitation of Actions, Appeals, Computation of Time
Source Language
English
Civil Procedure Limitation of Actions Appeals Computation of Time

Case Brief

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Parties

Alli S. Mtengeti

Appellant

Jonas Asseri

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under Section 25(1) and (3) of the Magistrates’ Courts Act, 1984
  2. 2 Whether time taken to obtain a copy of judgment should be excluded in computing the limitation period for appeal

Ratio Decidendi

Section 19(3) of the Law of Limitation Act, 1971 applies to appeals under the Magistrates’ Courts Act, 1984, so the time taken to obtain a copy of the judgment must be excluded when computing the limitation period. The appeal was filed within time as only 13 days elapsed after the appellant received the judgment copy.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary objection dismissed with costs.
  • Appeal to be heard on merits on a date to be fixed.