AUGUSTINO KIRITA RULING
The court found that, based on the documents and the presumption under section 122 of the Evidence Act, the appellant received the judgment copy on 28th August, 2024, and the appeal filed on 29th August, 2024, was within the statutory limitation period. The preliminary objection was overruled.
- Citation
- AUGUSTINO KIRITA RULING
- Parties
- Appellant: Augustino Kirita; Respondent: Gitangw'ala Majalda
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 July 2024
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled
- Legal Topics
- Limitation of Actions, Computation of Limitation Periods, Appeals Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Augustino Kirita
Appellant
Gitangw'ala Majalda
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is time barred under the Law of Limitation Act
Ratio Decidendi
The court found that, based on the documents and the presumption under section 122 of the Evidence Act, the appellant received the judgment copy on 28th August, 2024, and the appeal filed on 29th August, 2024, was within the statutory limitation period. The preliminary objection was overruled.
Court Disposition
Preliminary objection overruled
Orders
- Hearing of the appeal on merit to proceed
Full Case Text
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