20170317 TZHC Arusha

The appeal was filed after the expiration of the 90-day limitation period without an application for extension of time, rendering it time barred.

Source-derived case information.

Citation: 20170317 TZHC Arusha
Parties: Appellant: Aloyce Gerald Massawe; Respondent: Nicholaus Gabriel
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 March 2017
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal dismissed as time barred
Legal Topics: Limitation of Actions, Appeals, Preliminary Objections
Source Language: english

Civil Procedure Limitation of Actions Appeals Preliminary Objections

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Parties

Aloyce Gerald Massawe

Appellant

Nicholaus Gabriel

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal is time barred
2 Whether appeal lies against ex parte judgment

Ratio Decidendi

The appeal was filed after the expiration of the 90-day limitation period without an application for extension of time, rendering it time barred.

Court Disposition

appeal dismissed as time barred

Orders

appeal dismissed with costs
right of appeal explained

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