20160902 TZHC Dar es Salaam 1

20160902 TZHC Dar es Salaam 1

Appellant was not supplied with the judgment copy immediately; benefit of doubt applies and Section 19(2) of the Law of Limitation Act covers the delay, so the appeal is not time barred.

Citation
20160902 TZHC Dar es Salaam 1
Parties
Appellant: Gerald Kapinga; Respondent: Hamis Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2016
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled; appeal struck out as incompetent
Legal Topics
Limitation Period, Appeal Filing, Preliminary Objection
Source Language
English
Civil Procedure Limitation Period Appeal Filing Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

Gerald Kapinga

Appellant

Hamis Omary

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether delay in obtaining judgment copy extends limitation period

Ratio Decidendi

Appellant was not supplied with the judgment copy immediately; benefit of doubt applies and Section 19(2) of the Law of Limitation Act covers the delay, so the appeal is not time barred.

Court Disposition

preliminary objection overruled; appeal struck out as incompetent

Orders

  • preliminary objection overruled
  • appeal struck out with costs