20131106 TZHC Arusha

The appeal was filed out of time and no application for enlargement of time was made; therefore, the appeal is time barred and must be dismissed under section 3(1) of the Law of Limitation Act.

Citation: 20131106 TZHC Arusha
Parties: Appellant: Asha Shamira; Respondent: Abdi Ally
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 November 2013
Procedural Posture: Land Appeal / Judgment on Appeal
Outcome: Appeal dismissed as time barred
Legal Topics: Limitation of Actions, Appeals Procedure, Land Ownership, Extension of Time
Source Language: English

Land Law Civil Procedure Limitation of Actions Appeals Procedure Land Ownership Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Asha Shamira

Appellant

Abdi Ally

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the appeal was filed within the prescribed limitation period
2 Whether the appellant was required to seek enlargement of time before filing the appeal
3 Whether the Tribunal erred in its findings regarding ownership of the disputed land

Ratio Decidendi

The appeal was filed out of time and no application for enlargement of time was made; therefore, the appeal is time barred and must be dismissed under section 3(1) of the Law of Limitation Act.

Court Disposition

Appeal dismissed as time barred

Orders

No order as to costs
Right of appeal explained