justin sekumbo vs eladius tesha 2012 tzhclandd 125 21 march 2012

justin sekumbo vs eladius tesha 2012 tzhclandd 125 21 march 2012

The application for leave to appeal was filed out of time, as the statutory period of 14 days had elapsed and no application for extension of time was made; the period during which the previous application was pending does not suspend the limitation period in these circumstances.

Citation
justin sekumbo vs eladius tesha 2012 tzhclandd 125 21 march 2012
Parties
Respondent: Justin Sekumbo; Applicant: Eladius Tesha
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 March 2012
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection upheld; application dismissed as time barred
Legal Topics
Limitation of Actions, Leave to Appeal, Court of Appeal Procedure
Source Language
English
Civil Procedure Land Law Limitation of Actions Leave to Appeal Court of Appeal Procedure

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Parties

Justin Sekumbo

Respondent

Eladius Tesha

Applicant

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for leave to appeal to the Court of Appeal was time barred

Ratio Decidendi

The application for leave to appeal was filed out of time, as the statutory period of 14 days had elapsed and no application for extension of time was made; the period during which the previous application was pending does not suspend the limitation period in these circumstances.

Court Disposition

Preliminary objection upheld; application dismissed as time barred

Orders

  • Application dismissed as time barred
  • Costs to follow event