juma abdallah chembea another vs david majola 2014 tzhc 2056 22 april 2014
The applicable limitation period is 90 days from the date of obtaining a copy of the judgment and decree, not from when it was ready for collection. The appeal was filed within this period and is not time barred.
- Citation
- juma abdallah chembea another vs david majola 2014 tzhc 2056 22 april 2014
- Parties
- Appellant: Juma Abdallah Chembea; Appellant: Consolidated Transport Ltd; Respondent: David Majola
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 April 2014
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection overruled
- Legal Topics
- Limitation of Actions, Appeals, Computation of Limitation Periods
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Juma Abdallah Chembea
Appellant
Consolidated Transport Ltd
Appellant
David Majola
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is time barred under the applicable law
Ratio Decidendi
The applicable limitation period is 90 days from the date of obtaining a copy of the judgment and decree, not from when it was ready for collection. The appeal was filed within this period and is not time barred.
Court Disposition
Preliminary objection overruled
Orders
- Each party to bear its own costs
Full Case Text
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