20161121 TZHC Dar es Salaam 1
- Citation
- 20161121 TZHC Dar es Salaam 1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 21 November 2016
- Posture
- Matrimonial Appeal / Ruling on Preliminary Issue (timeliness)
- Language
- English
More details
- Court
- TZHC
- Decision
- 21 November 2016
- Posture
- Matrimonial Appeal / Ruling on Preliminary Issue (timeliness)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was filed outside the statutory forty-five day period without leave of the court; therefore, it cannot stand and must be struck out.
Court disposition
appeal struck out
Orders
- Appeal struck out for being filed out of time without leave.
- No order as to costs.
- Parties to be informed.
02
Material facts
Parties
Expellius Laurence
Appellant Counsel: Victoria GregoryNeema Stanslaus Mihungo
RespondentAmounts and remedies
- Days Between Judgment and Appeal Filing: 217
03
Procedural history
Posture
Matrimonial Appeal / Ruling on Preliminary Issue (timeliness)
04
Questions and positions
Legal issues
- 01
Whether the appeal was filed within the prescribed limitation period
- 02
Whether leave for extension of time was sought before filing the appeal
Party arguments
- Applicant
- No argument presented; appeal filed out of time without leave.
- Respondent
- No argument presented; respondent absent at ruling.
05
Court’s reasoning
Legal principles
- 01
Section 80(2) Law of Marriage Act Cap 29 R.E. 2002
Appeals to the High Court must be filed within forty-five days of the decision or order challenged.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was filed outside the statutory forty-five day period without leave of the court; therefore, it cannot stand and must be struck out.
Obiter and limits
- The issue of timeliness was raised suo moto by the court.
- No costs awarded due to the nature of the case.
Court disposition
appeal struck out
- Appeal struck out for being filed out of time without leave.
- No order as to costs.
- Parties to be informed.
Source and reliance status
TZHC · 21 November 2016
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 21 November 2016
IN THE HIGH COURT OF TANZANIA
DAR ES SALAAM DISTRICT REGISTRY
AT DAR ES SALAAM MATRIMONIAL APPEAL NO. 203 OF 2016 .EXPELLIUS LAURENCE .................................... APPELLANT
VERSUS NEEMA STANSLAUS MIHUNGO ............. a ■ ••••• RESPONDENT (Appeal from the Judgment and Decree of the District Court of Kinondoni (Hon. Kiliwa, RM) at Kinondoni dated 23 rd March 2016 in Matrimonial Couse No. 16 of 2016)
RULING MURUKE, J. This appeal origin~tes from matrimonial Cause No. 16 of 2016, of Kinondoni District Court. Appellant being aggrieved by the Judgment and decree, delivered on 23 rd March 2016, filed current ·, th appeal on 26 October 2016, vide exchequer receipt No. 11993923. In the course issuing notice I came to realize that, Judgment sought to be challenged was delivered on 23 rd March , 2016. Appeal was filed on 26 nd October 2016. From ~ March, 2016, to 11-h i ~ ~w nd . .. · . 2016 to-22 July 2016.-it-is a period of .._.gs-:- ~ro days. Time prescribed by section 80 (2) of the Law of Marriage 1 act Cap 29 R.E. 2002, is 45 days. The section provides a follows: Any appeal to the High Court shall be filed in the magistrate's court within forty-five days of the decision or order against which the appea·1 is brought. Q,lO As noted above, the appeal has been filed after~ days, Instead . of 45 days. It is obvious that ap·peal is out of time. Perusal of court records indicate that, there is no extension of time sought before filling the appeal. Thus, present appeal having been instituted after 45 days without leave of the court, cannot be left to stand. Accordingly struck out. Following the nature of the case, and the fact that is~has hJ been raised suo moto by the court, eac-h Jar ~Yfrea~n cost~ Part~es-tcrbe informed, and suppl ~ ~ g . - - 1 J _ _ ~ UJ#.J_ ~so-0feler-eel:-- In the circumstances, appeal is struck out. Z. G. Muruke
JUDGE 21/11/2016 2 Ruling delivered in the presence of Ms. Victoria Gregory for the appellant and in;.~ence of the respondenv l'\!O>t--- /; 11.<V~ ' Z. G. Muruke
JUDGE 21/11/2016 3
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