beneta yohana mchacjha vs justin hamis fokoro 2022 tzhclandd 12548 29 september 2022
The application was filed after the expiry of the 30-day period prescribed by rule 45(a) of the Court of Appeal Rules, 2019, and is therefore time barred.
Source-derived case information.
- Citation
- beneta yohana mchacjha vs justin hamis fokoro 2022 tzhclandd 12548 29 september 2022
- Parties
- Applicant: Beneta Yohana Mchacha; Respondent: Justin Hamis Fokoro
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 2022
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection
- Outcome
- Application dismissed as time barred with costs.
- Legal Topics
- Leave to Appeal, Limitation of Actions, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beneta Yohana Mchacha
Applicant
Justin Hamis Fokoro
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for leave to appeal was filed within the prescribed time limit
Ratio Decidendi
The application was filed after the expiry of the 30-day period prescribed by rule 45(a) of the Court of Appeal Rules, 2019, and is therefore time barred.
Court Disposition
Application dismissed as time barred with costs.
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DADR ES SALAAM MISC.LAND CASE APPLICATION NO. 202 OF 2022 BENETA YOHANA MCHACHA APPELLANT VERSUS JUSTIN HAMIS FOKORO RESPONDENT RULING 7/09/2022 & 29/9/2022 Masoud,3. A preliminary point of objection was raised against the application for leave to appeal to the Court of Appeal. It was based on rule 45(a) of the Court of Appeal Rules, 2019. The said rule provides for time frame of 30 days within which application for leave may be filed. The objection was argued by filing written submission. The applicant did not file reply submission. The submission by the respondent elaborated on the objection. The gist was that the application by the applicant for leave to appeal to the court of appeal against the decision of this Court in Land Appeal No. 192 of 2021 was filed out of time having been so filed on 2/5/2022 whilst the decision sought to be appealed against was delivered on 28/3/2022. In my scrutiny, I am satisfied that the application is out of time having been filed on 2/3/2022 after the expiry of 30 days. In the upshort of the forgoing the application is time barred and is hereby dismissed with costs. It is so ordered. Dated at Dar es Salaam this 29^^ day of September 2022. S. Masoud Judge \ N '■■yy /Sli