edwin shaidi vs doroth shaidi 2006 tzhc 52 7 february 2006

edwin shaidi vs doroth shaidi 2006 tzhc 52 7 february 2006

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 appeal is not maintainable in law.

Citation
edwin shaidi vs doroth shaidi 2006 tzhc 52 7 february 2006
Parties
Appellant: Edwin Shaidi; Respondent: Doroth Shaidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2006
Procedural Posture
Misc. Civil Appeal / Ruling on Preliminary Objections
Outcome
Appeal struck out as time barred with costs.
Legal Topics
Matrimonial Proceedings, Appeal Procedure, Limitation Period, Jurisdiction
Source Language
English
Family Law Civil Procedure Matrimonial Proceedings Appeal Procedure Limitation Period Jurisdiction

Case Brief

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Parties

Edwin Shaidi

Appellant

Doroth Shaidi

Respondent

Procedural Posture

Misc. 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 appeal is not maintainable in law.

Court Disposition

Appeal struck out as time barred with costs.

Orders

  • Appeal is time barred.
  • Appeal is struck out with costs.