hamza ramadhani vs abel aloyce 2021 tzca 355 5 august 2021
The appellant failed to serve the respondents' advocate with a copy of the letter requesting proceedings as required by Rule 90(3), and thus cannot benefit from the exclusion of days; the appeal was filed out of time and is incompetent.
- Citation
- hamza ramadhani vs abel aloyce 2021 tzca 355 5 august 2021
- Parties
- Appellant: Hamza Ramadhani; 1st Respondent: Abel Aloyce; 2nd Respondent: Choice Motors Ltd; 3rd Respondent: Reliance Insurance Co. Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 August 2021
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out as time barred
- Legal Topics
- Appeal Timelines, Service of Documents, Certificate of Delay, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hamza Ramadhani
Appellant
Abel Aloyce
1st Respondent
Choice Motors Ltd
2nd Respondent
Reliance Insurance Co. Ltd
3rd Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to serve the respondents' advocate with a copy of the letter requesting proceedings invalidates the appeal timeline extension under Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009.
Ratio Decidendi
The appellant failed to serve the respondents' advocate with a copy of the letter requesting proceedings as required by Rule 90(3), and thus cannot benefit from the exclusion of days; the appeal was filed out of time and is incompetent.
Court Disposition
appeal struck out as time barred
Orders
- Appeal struck out for being time barred with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment