Charles Mashamba vs Ndamo Mponyotulo

Charles Mashamba vs Ndamo Mponyotulo

The appeal was filed outside the statutory limitation period, rendering it time barred and depriving the court of jurisdiction to entertain it.

Citation
Charles Mashamba vs Ndamo Mponyotulo
Parties
Appellant: Charles Mashamba; Respondent: Ndamyo Mponyotulo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 June 2024
Procedural Posture
Land Appeal / Ruling on Preliminary Objection (limitation)
Outcome
appeal struck out
Legal Topics
Limitation of Actions, Appeals, Jurisdiction
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Mashamba

Appellant

Ndamyo Mponyotulo

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection (limitation)

Legal Issues

  1. 1 Whether the appeal was filed within the statutory limitation period
  2. 2 Whether the court has jurisdiction to entertain a time-barred appeal

Ratio Decidendi

The appeal was filed outside the statutory limitation period, rendering it time barred and depriving the court of jurisdiction to entertain it.

Court Disposition

appeal struck out

Orders

  • appeal struck out for being time barred
  • no order as to costs