20021108 TZHC Mbeya

20021108 TZHC Mbeya

The applicant was required by law to file the appeal within thirty days as prescribed by section 25(1)(a) of the Magistrates Courts Act, 1984. If unable to do so, the applicant should have applied for extension of time under the proviso to section 25. Time spent obtaining a copy of the judgment is not excluded unless extension is sought and granted. Without such extension, the application is invalid.

Citation
20021108 TZHC Mbeya
Parties
Applicant: Applicant; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2002
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Dismissal Order
Outcome
Application for review dismissed with costs.
Legal Topics
Limitation of Actions, Appeals, Extension of Time
Source Language
English
Civil Procedure Limitation of Actions Appeals Extension of Time

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Dismissal Order

Legal Issues

  1. 1 Whether time spent obtaining a copy of judgment is excluded from limitation period for filing appeal under Magistrates Courts Act, 1984
  2. 2 Whether applicant could file appeal out of time without seeking extension

Ratio Decidendi

The applicant was required by law to file the appeal within thirty days as prescribed by section 25(1)(a) of the Magistrates Courts Act, 1984. If unable to do so, the applicant should have applied for extension of time under the proviso to section 25. Time spent obtaining a copy of the judgment is not excluded unless extension is sought and granted. Without such extension, the application is invalid.

Court Disposition

Application for review dismissed with costs.

Orders

  • Application for review dismissed.
  • Applicant to pay costs.