20130509 TZHC Dodoma

20130509 TZHC Dodoma

The main appeal was filed out of time, exceeding the statutory 45-day limit, and no sufficient cause for delay was shown. The cross appeal, though timely, cannot stand as the main appeal has been dismissed.

Citation
20130509 TZHC Dodoma
Parties
Appellant: Capital Development Authority; Respondent: Getrude Kihwelo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2013
Procedural Posture
Land Appeal / Ruling on Preliminary Objection and Appeal Disposition
Outcome
Appeal dismissed as time barred; cross appeal struck out as incompetent due to dismissal of main appeal.
Legal Topics
Limitation of Actions, Appeals, Cross Appeals, Procedural Compliance
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals Cross Appeals Procedural Compliance

Case Brief

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Parties

Capital Development Authority

Appellant

Getrude Kihwelo

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection and Appeal Disposition

Legal Issues

  1. 1 Whether the main appeal was filed within the prescribed limitation period
  2. 2 Whether the cross appeal was competent and timely filed

Ratio Decidendi

The main appeal was filed out of time, exceeding the statutory 45-day limit, and no sufficient cause for delay was shown. The cross appeal, though timely, cannot stand as the main appeal has been dismissed.

Court Disposition

Appeal dismissed as time barred; cross appeal struck out as incompetent due to dismissal of main appeal.

Orders

  • Appeal dismissed with costs.
  • Cross appeal struck out.