lucy theresia kundi another vs aloyce clemence kundi 2023 tzca 17414 17 july 2023

lucy theresia kundi another vs aloyce clemence kundi 2023 tzca 17414 17 july 2023

The appeal is incompetent and time-barred due to appellants' failure to serve the respondent with a copy of the letter requesting proceedings from the High Court, violating mandatory procedural rules.

Citation
lucy theresia kundi another vs aloyce clemence kundi 2023 tzca 17414 17 july 2023
Parties
First Appellant: Lucy Theresia Kundi; Second Appellant: Nicolaous John Kundi; Respondent: Aloyce Clemence Kundi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 July 2023
Procedural Posture
Civil Appeal / Ruling on Appeal Competence
Outcome
appeal struck out
Legal Topics
Appeal Time Limitation, Service of Documents, Jurisdiction, Overriding Objective Principle
Source Language
English
Civil Procedure Land Law Appeal Time Limitation Service of Documents Jurisdiction Overriding Objective Principle

Case Brief

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Parties

Lucy Theresia Kundi

First Appellant

Nicolaous John Kundi

Second Appellant

Aloyce Clemence Kundi

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal Competence

Legal Issues

  1. 1 Whether failure to serve the letter requesting proceedings on the respondent renders the appeal incompetent
  2. 2 Whether the appeal is time-barred due to procedural non-compliance

Ratio Decidendi

The appeal is incompetent and time-barred due to appellants' failure to serve the respondent with a copy of the letter requesting proceedings from the High Court, violating mandatory procedural rules.

Court Disposition

appeal struck out

Orders

  • appeal struck out
  • no order as to costs