20140724 TZHC Dar es Salaam 1

20140724 TZHC Dar es Salaam 1

The appeal was filed more than seven months after the judgment, outside the thirty-day limitation period. The appellant did not apply for extension of time as required by law, and the reasons for delay were not proved by affidavit. The court has no power to extend time retrospectively after an appeal is filed out of time. Therefore, the appeal is time barred and must be dismissed.

Citation
20140724 TZHC Dar es Salaam 1
Parties
Appellant: Hemed Rashid; Respondent: Salma Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2014
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed as time barred
Legal Topics
Limitation of Actions, Appeals, Matrimonial Proceedings
Source Language
English
Civil Procedure Family Law Limitation of Actions Appeals Matrimonial Proceedings

Case Brief

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Parties

Hemed Rashid

Appellant

Salma Hussein

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was time barred under the applicable law
  2. 2 Whether the appellant was entitled to extension of time to file the appeal

Ratio Decidendi

The appeal was filed more than seven months after the judgment, outside the thirty-day limitation period. The appellant did not apply for extension of time as required by law, and the reasons for delay were not proved by affidavit. The court has no power to extend time retrospectively after an appeal is filed out of time. Therefore, the appeal is time barred and must be dismissed.

Court Disposition

appeal dismissed as time barred

Orders

  • Appeal dismissed for being time barred
  • Appellant to pay costs