20160623 TZHC Dodoma

20160623 TZHC Dodoma

The applicable limitation period for appeals from the District Land and Housing Tribunal exercising original jurisdiction is forty-five days under item 2, Part II of the 1st Schedule to the Law of Limitation Act, Cap. 89, as the right of appeal is rooted in the Land Disputes Courts Act and its regulations, not the Civil Procedure Code. The appeal was filed after sixty-three days, thus out of time and must be dismissed.

Citation
20160623 TZHC Dodoma
Parties
Appellant: David Samwel; Appellant: Ambika Enterprises; Appellant: Fatuma Omary; Appellant: Kassam Mohamed; Respondent: Hilario Alex Kiondo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2016
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as time-barred
Legal Topics
Limitation of Actions, Appeals From District Land and Housing Tribunal, Interpretation of Limitation Periods
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals From District Land and Housing Tribunal Interpretation of Limitation Periods

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Parties

David Samwel

Appellant

Ambika Enterprises

Appellant

Fatuma Omary

Appellant

Kassam Mohamed

Appellant

Hilario Alex Kiondo

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Which limitation period applies to appeals from the District Land and Housing Tribunal exercising original jurisdiction

Ratio Decidendi

The applicable limitation period for appeals from the District Land and Housing Tribunal exercising original jurisdiction is forty-five days under item 2, Part II of the 1st Schedule to the Law of Limitation Act, Cap. 89, as the right of appeal is rooted in the Land Disputes Courts Act and its regulations, not the Civil Procedure Code. The appeal was filed after sixty-three days, thus out of time and must be dismissed.

Court Disposition

Appeal dismissed as time-barred

Orders

  • Appeal dismissed with costs under Section 3(1) of the Law of Limitation Act, Cap. 89