20150618 TZHC Arusha

The appeal was filed within time as the period for obtaining the drawn order is excluded from limitation computation. However, the memorandum of appeal lacked the mandatory endorsement by the drawer, violating section 44(1) of the Advocates Act, rendering the appeal fatally defective and subject to being struck out.

Citation: 20150618 TZHC Arusha
Parties: Appellant: Fred Joseph; 1st Respondent: Charles Makoyi; 2nd Respondent: Lion of Tanzania Insurance Co. Ltd; 3rd Respondent: Paradiso Lema
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 June 2015
Procedural Posture: Civil Appeal / Ruling on Preliminary Objections
Outcome: Appeal struck out with costs
Legal Topics: Limitation of Actions, Endorsement of Legal Documents, Appeal Procedure
Source Language: English

Civil Procedure Limitation of Actions Endorsement of Legal Documents Appeal Procedure

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Parties

Fred Joseph

Appellant

Charles Makoyi

1st Respondent

Lion of Tanzania Insurance Co. Ltd

2nd Respondent

Paradiso Lema

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

1 Whether the appeal is time barred under the Law of Limitation Act
2 Whether the memorandum of appeal is defective for lack of endorsement by the drawer

Ratio Decidendi

Court Disposition

Appeal struck out with costs

Orders

Appeal struck out for lack of endorsement by drawer in violation of section 44(1) of the Advocates Act
Costs awarded to respondents