20150317 TZCA Mwanza1

20150317 TZCA Mwanza1

The appeal was filed out of time without an extension, rendering it incompetent and necessitating its striking out with costs to the respondent.

Citation
20150317 TZCA Mwanza1
Parties
Appellant: Joseph Irianiro; Respondent: Modesta Sindai
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 March 2015
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Out of Time, Certificate of Delay, Striking Out Incompetent Appeal
Source Language
English

Case Brief

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Parties

Joseph Irianiro

Appellant

Modesta Sindai

Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

  1. 1 Whether the appeal was filed within the prescribed time under Rule 90(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the appeal is competent before the Court

Ratio Decidendi

The appeal was filed out of time without an extension, rendering it incompetent and necessitating its striking out with costs to the respondent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • costs to the respondent to be taxed