hamis kizenga vs lithar kanyanga others 2022 tzhclandd 12246 31 august 2022

hamis kizenga vs lithar kanyanga others 2022 tzhclandd 12246 31 august 2022

The appeal was filed within the prescribed period after excluding the time required to obtain certified copies of judgment and decree, as mandated by section 19(2) of the Law of Limitation Act. The preliminary objection is without merit.

Citation
hamis kizenga vs lithar kanyanga others 2022 tzhclandd 12246 31 august 2022
Parties
Appellant: Hamisi Kizenga; 1st Respondent: Lithar Kanyanga; 2nd Respondent: Maneno Mashaka; 3rd Respondent: Lekani Kondowe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Limitation of Actions, Appeals, Computation of Time
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals Computation of Time

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Parties

Hamisi Kizenga

Appellant

Lithar Kanyanga

1st Respondent

Maneno Mashaka

2nd Respondent

Lekani Kondowe

3rd Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time-barred under section 41(2) of the Land Disputes Courts Act and section 3 of the Law of Limitation Act

Ratio Decidendi

The appeal was filed within the prescribed period after excluding the time required to obtain certified copies of judgment and decree, as mandated by section 19(2) of the Law of Limitation Act. The preliminary objection is without merit.

Court Disposition

preliminary objection dismissed

Orders

  • preliminary objection dismissed with costs
  • matter to proceed on merits