elizabeth jerome mmassy vs edward jerome mmasy others 2020 tzca 30 28 february 2020

elizabeth jerome mmassy vs edward jerome mmasy others 2020 tzca 30 28 february 2020

The appeal was struck out as time barred because the appellant failed to apply for proceedings within 30 days of the impugned decision, rendering the certificate of delay invalid and the appeal outside the prescribed period.

Citation
elizabeth jerome mmassy vs edward jerome mmasy others 2020 tzca 30 28 february 2020
Parties
Appellant: Elizabeth Jerome Mmassy; Respondent: Edward Jerome Mmassy; Respondent: Lightness Jerome Mmassy; Respondent: Frank Jerome Mmassy; Respondent: Rogers Jerome Mmassy; Respondent: Celina Jerome Mmassy; Respondent: Regina Jerome Mmassy; Respondent: Odilia Jerome Mmassy
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as time barred
Legal Topics
Time Bar, Certificate of Delay, Record of Appeal Requirements
Source Language
English
Civil Procedure Probate and Administration Time Bar Certificate of Delay Record of Appeal Requirements

Case Brief

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Parties

Elizabeth Jerome Mmassy

Appellant

Edward Jerome Mmassy

Respondent

Lightness Jerome Mmassy

Respondent

Frank Jerome Mmassy

Respondent

Rogers Jerome Mmassy

Respondent

Celina Jerome Mmassy

Respondent

Regina Jerome Mmassy

Respondent

Odilia Jerome Mmassy

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the record of appeal is defective for containing documents not part of the original cause

Ratio Decidendi

The appeal was struck out as time barred because the appellant failed to apply for proceedings within 30 days of the impugned decision, rendering the certificate of delay invalid and the appeal outside the prescribed period.

Court Disposition

appeal struck out as time barred

Orders

  • appeal struck out with costs