haji solyambingu vs inocent libanja 2023 tzhc 19290 30 june 2023

The appeal was filed outside the statutory limitation period without leave of the court, depriving the court of jurisdiction to entertain it; therefore, the appeal must be dismissed as time-barred.

Citation: haji solyambingu vs inocent libanja 2023 tzhc 19290 30 june 2023
Parties: Appellant: Haji Solyambingu; Respondent: Innocent Libanja
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 June 2023
Procedural Posture: Land Appeal / Ruling on Preliminary Objection
Outcome: appeal dismissed as time-barred
Legal Topics: Limitation of Actions, Jurisdiction, Appeals, Land Ownership
Source Language: English

Civil Procedure Land Law Limitation of Actions Jurisdiction Appeals Land Ownership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2

Parties

Haji Solyambingu

Appellant

Innocent Libanja

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal was filed within the prescribed limitation period
2 Whether the court has jurisdiction to entertain an appeal filed out of time

Ratio Decidendi

The appeal was filed outside the statutory limitation period without leave of the court, depriving the court of jurisdiction to entertain it; therefore, the appeal must be dismissed as time-barred.

Court Disposition

appeal dismissed as time-barred

Orders

Appeal dismissed under section 3(1) of the Law of Limitation Act
Costs to follow the event