20121016 TZHC Mwanza

20121016 TZHC Mwanza

The appeal was filed three days after the expiry of the statutory limitation period, and no order for extension of time was sought or granted. The court therefore lacked jurisdiction to entertain the appeal.

Citation
20121016 TZHC Mwanza
Parties
Appellant: Amos M. E.; Respondent: Phomiphace M. Ugura
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2012
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (timeliness of Appeal)
Outcome
Appeal struck out for being filed out of time.
Legal Topics
Limitation Periods, Jurisdiction, Appeals From District Land and Housing Tribunal
Source Language
English
Land Law Civil Procedure Limitation Periods Jurisdiction Appeals From District Land and Housing Tribunal

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Parties

Amos M. E.

Appellant

Phomiphace M. Ugura

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (timeliness of Appeal)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under Section 38(1) of the Land Disputes Courts Act, Cap. 216
  2. 2 Whether the High Court has jurisdiction to entertain an appeal filed out of time without an order for extension

Ratio Decidendi

The appeal was filed three days after the expiry of the statutory limitation period, and no order for extension of time was sought or granted. The court therefore lacked jurisdiction to entertain the appeal.

Court Disposition

Appeal struck out for being filed out of time.

Orders

  • Appeal struck out for being filed out of time.
  • No order as to costs.