20110512 TZHC Dar es Salaam

20110512 TZHC Dar es Salaam

The appeal was filed within time as the limitation period commenced from the date the certified copy of the judgment was ready for supply, and the memorandum of appeal met the requirements of the applicable matrimonial rules; thus, the preliminary objection lacked merit.

Citation
20110512 TZHC Dar es Salaam
Parties
Appellant: Appellant (name not specified); Respondent: Respondent (name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 2011
Procedural Posture
Matrimonial Appeal / Preliminary Objection Ruling
Outcome
Preliminary objection overruled
Legal Topics
Limitation of Actions, Form of Memorandum of Appeal, Matrimonial Proceedings
Source Language
English
Family Law Civil Procedure Limitation of Actions Form of Memorandum of Appeal Matrimonial Proceedings

Case Brief

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Parties

Appellant (name not specified)

Appellant

Respondent (name not specified)

Respondent

Procedural Posture

Matrimonial Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is time barred under s.80(2) of the Law of Marriage Act
  2. 2 Whether the memorandum of appeal is defective and incompetent under O.XXXIX r.2 of the Civil Procedure Code

Ratio Decidendi

The appeal was filed within time as the limitation period commenced from the date the certified copy of the judgment was ready for supply, and the memorandum of appeal met the requirements of the applicable matrimonial rules; thus, the preliminary objection lacked merit.

Court Disposition

Preliminary objection overruled

Orders

  • No order as to costs
  • Hearing set for 19/7/2011