ocr 3 DANIEL W

ocr 3 DANIEL W

The appeal was filed within the statutory time limit as evidenced by the official receipt for payment of filing fees dated 20 November, 2023, thus the preliminary objection is dismissed.

Citation
ocr 3 DANIEL W
Parties
Appellant: Daniel Willie Mbunga; 1st Respondent: Miriam William Mbunga (As Administratrix of the estate of the late Willie L. Mbunga); 2nd Respondent: Noel Allan Mbunga (As Administrator of the estate of the late Willie L. Mbunga)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 October 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Limitation of Actions, Appeals, Electronic Filing, Preliminary Objection
Source Language
English
Civil Procedure Probate Limitation of Actions Appeals Electronic Filing Preliminary Objection

Case Brief

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Parties

Daniel Willie Mbunga

Appellant

Miriam William Mbunga (As Administratrix of the estate of the late Willie L. Mbunga)

1st Respondent

Noel Allan Mbunga (As Administrator of the estate of the late Willie L. Mbunga)

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the statutory time limit under section 25(1)(b) of the Magistrates Courts Act
  2. 2 Whether the registry stamp or eCMS filing date determines the date of filing

Ratio Decidendi

The appeal was filed within the statutory time limit as evidenced by the official receipt for payment of filing fees dated 20 November, 2023, thus the preliminary objection is dismissed.

Court Disposition

preliminary objection dismissed

Orders

  • matter to be heard on merit
  • no order as to costs