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
Summary, issues, holding and outcome
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Parties
Joseph Irianiro
Appellant
Modesta Sindai
Respondent
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed time under Rule 90(1) of the Court of Appeal Rules, 2009
- 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
Full Case Text
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