20161129 TZHC Dar es Salaam1

20161129 TZHC Dar es Salaam1

The appeal was filed out of time without leave of the court, contrary to the mandatory provisions of the Law of Limitation Act. Reasons for delay are relevant only in an application for extension of time, not in the appeal itself.

Source-derived case information.

Citation
20161129 TZHC Dar es Salaam1
Parties
Appellant: JAMAAP COMPANY LIMITED; Respondent: JOYCE PROTAS MLAY
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2016
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
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

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Summary, issues, holding and outcome

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Parties

JAMAAP COMPANY LIMITED

Appellant

JOYCE PROTAS MLAY

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the court can entertain an appeal filed out of time without leave

Ratio Decidendi

The appeal was filed out of time without leave of the court, contrary to the mandatory provisions of the Law of Limitation Act. Reasons for delay are relevant only in an application for extension of time, not in the appeal itself.

Court Disposition

appeal dismissed as time barred

Orders

  • appeal dismissed with costs