20160922 TZHC Dar es Salaam

20160922 TZHC Dar es Salaam

The appeal was filed out of time prescribed by Section 80 of the Law of Marriage Act and without leave of the court. Delay in obtaining the judgment copy is not a valid justification as attaching the judgment is not mandatory for such appeals.

Citation
20160922 TZHC Dar es Salaam
Parties
Appellant: Hamad Abdallah; Respondent: Getrude Desire Kitengo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2016
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection (timeliness of Appeal)
Outcome
appeal struck out as incompetent
Legal Topics
Matrimonial Proceedings, Appeal Procedure, Limitation Period
Source Language
English
Family Law Matrimonial Proceedings Appeal Procedure Limitation Period

Case Brief

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Parties

Hamad Abdallah

Appellant

Getrude Desire Kitengo

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection (timeliness of Appeal)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time under Section 80 of the Law of Marriage Act
  2. 2 Whether delay in obtaining a copy of judgment justifies late filing of appeal

Ratio Decidendi

The appeal was filed out of time prescribed by Section 80 of the Law of Marriage Act and without leave of the court. Delay in obtaining the judgment copy is not a valid justification as attaching the judgment is not mandatory for such appeals.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out with costs
  • right of appeal explained