19910129 TZHC Dar es Salaam
The period of limitation for filing an appeal begins when the appellant herself is notified of the decision, not when her advocates receive the documents. The appeal was filed outside the prescribed ninety-day period and is therefore time-barred.
- Citation
- 19910129 TZHC Dar es Salaam
- Parties
- Appellant: Grace Hamis Lyinga; Respondent: A. K. Osei Kumi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 January 1991
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- preliminary objection upheld, appeal dismissed as time-barred
- Legal Topics
- Appeals, Limitation of Actions, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Grace Hamis Lyinga
Appellant
A. K. Osei Kumi
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal was incompetent for lack of accompanying decree and judgment
- 2 Whether the appeal was time-barred under the Law of Limitation Act
Ratio Decidendi
The period of limitation for filing an appeal begins when the appellant herself is notified of the decision, not when her advocates receive the documents. The appeal was filed outside the prescribed ninety-day period and is therefore time-barred.
Court Disposition
preliminary objection upheld, appeal dismissed as time-barred
Orders
- Appellant and her counsels (TLC) to be notified of the ruling immediately.
Full Case Text
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