gloria peter kombe vs maureen ernest ulimali others 2023 tzca 17764 18 october 2023

gloria peter kombe vs maureen ernest ulimali others 2023 tzca 17764 18 october 2023

The appeal was struck out because the appellant failed to serve the letter requesting proceedings on the respondent as required by Rule 90(3) of the Tanzania Court of Appeal Rules, 2009, making the appeal time barred and not eligible for the benefit of exclusion of time. The overriding objective principle cannot be...

Source-derived case information.

Citation
gloria peter kombe vs maureen ernest ulimali others 2023 tzca 17764 18 october 2023
Parties
Appellant: Gloria Peter Kombe (Minor) by Peter Alphonse her Next Friend and Guardian; 1st Respondent: Maureen Ernest Ulimali; 2nd Respondent: Maureen Ernest Ulimali (As Legal Personal Representative of Ernest Desidery Massawe Ulimali (Deceased)); 3rd Respondent: Izadini Juma Kalokola
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 October 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Preliminary Objection, Time Bar, Service of Documents, Overriding Objective Principle
Source Language
english
Civil Procedure Appellate Practice Preliminary Objection Time Bar Service of Documents Overriding Objective Principle

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Summary, issues, holding and outcome

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Parties

Gloria Peter Kombe (Minor) by Peter Alphonse her Next Friend and Guardian

Appellant

Maureen Ernest Ulimali

1st Respondent

Maureen Ernest Ulimali (As Legal Personal Representative of Ernest Desidery Massawe Ulimali (Deceased))

2nd Respondent

Izadini Juma Kalokola

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred due to non-compliance with Rule 90(3) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the appellant can rely on the overriding objective principle to cure procedural defects

Ratio Decidendi

The appeal was struck out because the appellant failed to serve the letter requesting proceedings on the respondent as required by Rule 90(3) of the Tanzania Court of Appeal Rules, 2009, making the appeal time barred and not eligible for the benefit of exclusion of time. The overriding objective principle cannot be invoked to cure this mandatory procedural defect.

Court Disposition

appeal struck out with costs

Orders

  • Appeal struck out for being incompetent with costs.