emmanuel simfukwe vs takson siwale 2022 tzhc 13911 19 october 2022

emmanuel simfukwe vs takson siwale 2022 tzhc 13911 19 october 2022

The appeal was filed outside the statutory forty-five day period. The appellant did not apply for extension of time. Registry or clerical errors do not excuse non-compliance with statutory limitation periods. The appeal is without merit and is dismissed with costs.

Source-derived case information.

Citation
emmanuel simfukwe vs takson siwale 2022 tzhc 13911 19 october 2022
Parties
Appellant: Emmanuel Simfukwe; Respondent: Takson Siwale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2022
Procedural Posture
Land Appeal / Second Appeal
Outcome
appeal dismissed with costs
Legal Topics
Appeal Out of Time, Limitation Period, Extension of Time, Tribunal Procedure
Source Language
english
Land Law Civil Procedure Appeal Out of Time Limitation Period Extension of Time Tribunal Procedure

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Parties

Emmanuel Simfukwe

Appellant

Takson Siwale

Respondent

Procedural Posture

Land Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant filed the appeal to the District Land and Housing Tribunal within the statutory time limit
  2. 2 Whether the delay in filing was due to registry or tribunal error
  3. 3 Whether the appellant was entitled to extension of time or other remedy

Ratio Decidendi

The appeal was filed outside the statutory forty-five day period. The appellant did not apply for extension of time. Registry or clerical errors do not excuse non-compliance with statutory limitation periods. The appeal is without merit and is dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs