20190530 TZHC Dar es Salaam1

20190530 TZHC Dar es Salaam1

The appeal was filed outside the prescribed 90-day limitation period from the date of judgment without obtaining leave of the court for extension of time; exclusion of time for obtaining documents is not automatic and must be sought through a formal application.

Citation
20190530 TZHC Dar es Salaam1
Parties
Appellant: Ignas Romward Msagaya; Respondent: Livinus Samato; Respondent: Bless Makanganya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2019
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal dismissed as time barred
Legal Topics
Limitation of Actions, Appeals, Extension of Time
Source Language
English
Civil Procedure Limitation of Actions Appeals Extension of Time

Case Brief

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Parties

Ignas Romward Msagaya

Appellant

Livinus Samato

Respondent

Bless Makanganya

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal was filed out of time without leave of the court
  2. 2 Whether exclusion of time for obtaining judgment and decree copies applies automatically or requires application for extension

Ratio Decidendi

The appeal was filed outside the prescribed 90-day limitation period from the date of judgment without obtaining leave of the court for extension of time; exclusion of time for obtaining documents is not automatic and must be sought through a formal application.

Court Disposition

appeal dismissed as time barred

Orders

  • Appeal dismissed with costs