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The appeal was filed out of time because the control number for payment of court fees was generated and payment made only on 23 September 2024, after the expiry of the 30-day limitation period. Electronic filing is deemed complete upon payment, not mere submission.

Citation
1
Parties
Appellant: Haji Bakari Dinnes; Respondent: BRAC T. LTD
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 January 2025
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed
Legal Topics
Electronic Filing, Limitation of Actions, Appeals, Court Fees
Source Language
English
Civil Procedure Electronic Filing Limitation of Actions Appeals Court Fees

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Parties

Haji Bakari Dinnes

Appellant

BRAC T. LTD

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time under section 25(1)(b) of the Magistrates’ Courts Act and Rule 21 of the Judicature and Application of Laws (Electronic Filing) Rules, 2018

Ratio Decidendi

The appeal was filed out of time because the control number for payment of court fees was generated and payment made only on 23 September 2024, after the expiry of the 30-day limitation period. Electronic filing is deemed complete upon payment, not mere submission.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed without costs.
  • Right to appeal explained.