aloyce mafundi vs magezi simon others 2018 tzhc 2691 1 june 2018

The appeal was filed out of time without leave of court; section 19(2) of Cap 89 requires an application for extension of time supported by affidavit, and exclusion of time is not automatic. The only remedy is dismissal of the appeal with costs.

Citation: aloyce mafundi vs magezi simon others 2018 tzhc 2691 1 june 2018
Parties: Appellant: Aloyce Faustine Mafundi; 1st Respondent: Magezi Laurian Simon; 2nd Respondent: Asst. Returning Officer Kyerwa Ward; 3rd Respondent: Returning Officer Kyerwa District Council; 4th Respondent: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 June 2018
Procedural Posture: Civil Appeal / Ruling on Preliminary Objections
Outcome: appeal dismissed with costs
Legal Topics: Limitation of Actions, Appeals, Extension of Time, Interlocutory Orders
Source Language: English

Civil Procedure Election Law Limitation of Actions Appeals Extension of Time Interlocutory Orders

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Parties

Aloyce Faustine Mafundi

Appellant

Magezi Laurian Simon

1st Respondent

Asst. Returning Officer Kyerwa Ward

2nd Respondent

Returning Officer Kyerwa District Council

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

1 Whether the appeal was filed within the prescribed limitation period
2 Whether the memorandum of appeal is maintainable in law

Ratio Decidendi

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed with costs under section 3(1) of Cap 89
Right of appeal explained