20020227 TZCA Dar es Salaam

20020227 TZCA Dar es Salaam

The appellants failed to credibly prove service of the letter to the Registrar on the respondent, making the exception to rule 83(1) inapplicable. The appeal was thus time-barred and incompetent.

Source-derived case information.

Citation
20020227 TZCA Dar es Salaam
Parties
Appellant: Janes Paul; Appellant: Titus Henry Mmasi; Respondent: Paul Lengorori
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2002
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Procedure, Time Limitation, Service of Documents
Source Language
english
Civil Procedure Appeal Procedure Time Limitation Service of Documents

Source-derived case record

Summary, issues, holding and outcome

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Parties

Janes Paul

Appellant

Titus Henry Mmasi

Appellant

Paul Lengorori

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time-barred under rule 83(1) of the Court of Appeal Rules
  2. 2 Whether the appellants served the respondent with a copy of the letter to the Registrar applying for proceedings

Ratio Decidendi

The appellants failed to credibly prove service of the letter to the Registrar on the respondent, making the exception to rule 83(1) inapplicable. The appeal was thus time-barred and incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out with costs