shaidi vs shaidi 2006 tzhc 13 7 march 200

shaidi vs shaidi 2006 tzhc 13 7 march 200

The appeal was filed out of time, beyond the mandatory 45-day period, and was not filed in the proper court as required by law. There was no sufficient cause for the delay, and the procedural requirements are mandatory. The appeal is therefore time barred and not maintainable in law.

Source-derived case information.

Citation
shaidi vs shaidi 2006 tzhc 13 7 march 200
Parties
Appellant: Edwin Shaidi; Respondent: Doroth Shaidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2006
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objections
Outcome
Appeal struck out as time barred with costs.
Legal Topics
Matrimonial Proceedings, Appeals, Limitation Period, Filing Procedure
Source Language
english
Family Law Civil Procedure Matrimonial Proceedings Appeals Limitation Period Filing Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edwin Shaidi

Appellant

Doroth Shaidi

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the appeal was properly filed in accordance with the Matrimonial Proceedings Rules, 1971

Ratio Decidendi

The appeal was filed out of time, beyond the mandatory 45-day period, and was not filed in the proper court as required by law. There was no sufficient cause for the delay, and the procedural requirements are mandatory. The appeal is therefore time barred and not maintainable in law.

Court Disposition

Appeal struck out as time barred with costs.

Orders

  • Appeal is time barred and struck out with costs.
  • Record to be remitted to the trial court for necessary further action.