Land Appeal 32 of 2023 Ruling Mrisha J
The amended memorandum of appeal was filed out of time without leave of the court, amounting to failure to prosecute the appeal and non-compliance with a binding court order. The preliminary objection is upheld and the appeal is dismissed with costs.
- Citation
- Land Appeal 32 of 2023 Ruling Mrisha J
- Parties
- Appellant: Ester Kauzeni; Appellant: Stephano Kazembe; Appellant: Dau di Kazembe; Appellant: Gerald Mwanisenga; Appellant: Michael Nwananjela; Respondent: Meshack Peter
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Appeal dismissed with costs for want of prosecution.
- Legal Topics
- Limitation of Actions, Compliance With Court Orders, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ester Kauzeni
Appellant
Stephano Kazembe
Appellant
Dau di Kazembe
Appellant
Gerald Mwanisenga
Appellant
Michael Nwananjela
Appellant
Meshack Peter
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal was filed out of time contrary to statutory limitation period
- 2 Whether the amended memorandum of appeal was filed after the lapse of the court-ordered deadline
Ratio Decidendi
The amended memorandum of appeal was filed out of time without leave of the court, amounting to failure to prosecute the appeal and non-compliance with a binding court order. The preliminary objection is upheld and the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs for want of prosecution.
Orders
- Appeal dismissed with costs.
Full Case Text
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