20141203 TZCA Mtwara

20141203 TZCA Mtwara

The appeal was instituted outside the sixty-day period prescribed by rule 90(1) of the Court of Appeal Rules, 2009, and no application for extension of time was made; therefore, the appeal is time barred and incompetent.

Source-derived case information.

Citation
20141203 TZCA Mtwara
Parties
Appellant: Azaram Mohamed Dadi; Respondent: Abilah Mfaume
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2014
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection (time Bar)
Outcome
appeal struck out as time barred
Legal Topics
Appeal Procedure, Time Limitation, Court Rules
Source Language
english
Civil Procedure Appeal Procedure Time Limitation Court Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Azaram Mohamed Dadi

Appellant

Abilah Mfaume

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection (time Bar)

Legal Issues

  1. 1 Whether the appeal was instituted within the prescribed time under rule 90(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the appellant applied for extension of time to file the appeal out of time

Ratio Decidendi

The appeal was instituted outside the sixty-day period prescribed by rule 90(1) of the Court of Appeal Rules, 2009, and no application for extension of time was made; therefore, the appeal is time barred and incompetent.

Court Disposition

appeal struck out as time barred

Orders

  • The appeal is struck out as incompetent.
  • No order as to costs; each party to bear own costs.