20190621 TZHC Dar es Salaam

20190621 TZHC Dar es Salaam

Failure to file a notice of intention to appeal as required by Section 102(1)(a) of the Land Registration Act is a fatal procedural defect that renders the appeal incompetent, warranting it to be struck out with costs.

Source-derived case information.

Citation
20190621 TZHC Dar es Salaam
Parties
Appellant: Bin Kuleib Transport Company Limited; 1st Respondent: Registrar of Titles; 2nd Respondent: Commissioner for Land; 3rd Respondent: The Attorney General; 4th Respondent: Cargo Stars Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2019
Procedural Posture
Land Appeal / Ruling on Preliminary Objections
Outcome
Appeal struck out with costs
Legal Topics
Limitation of Actions, Notice of Intention to Appeal, Procedural Compliance
Source Language
english
Land Law Civil Procedure Limitation of Actions Notice of Intention to Appeal Procedural Compliance

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Summary, issues, holding and outcome

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Parties

Bin Kuleib Transport Company Limited

Appellant

Registrar of Titles

1st Respondent

Commissioner for Land

2nd Respondent

The Attorney General

3rd Respondent

Cargo Stars Limited

4th Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal is time barred
  2. 2 Whether the appeal is incompetent for failure to comply with Section 102(1)(a) of the Land Registration Act

Ratio Decidendi

Failure to file a notice of intention to appeal as required by Section 102(1)(a) of the Land Registration Act is a fatal procedural defect that renders the appeal incompetent, warranting it to be struck out with costs.

Court Disposition

Appeal struck out with costs

Orders

  • Appeal is struck out as incompetent for failure to file notice of intention to appeal
  • Costs awarded to respondents