19910129 TZHC Dar es Salaam

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

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Parties

Grace Hamis Lyinga

Appellant

A. K. Osei Kumi

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

  1. 1 Whether the appeal was incompetent for lack of accompanying decree and judgment
  2. 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.