JUMA ISMAIL MONKO AND ANOTHER VRS MANASE STEPHEN

JUMA ISMAIL MONKO AND ANOTHER VRS MANASE STEPHEN

The appeal was filed out of time without leave of the court, contrary to section 41(2) of the Land Disputes Courts Act and section 3(1) of the Law of Limitation Act; therefore, the only legal consequence is dismissal of the appeal.

Source-derived case information.

Citation
JUMA ISMAIL MONKO AND ANOTHER VRS MANASE STEPHEN
Parties
Appellant: Juma Ismail Monko; Appellant: Tabu Hamisi; Respondent: Manase Stephen; Respondent: Hamisi Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as time barred.
Legal Topics
Limitation of Actions, Appeals, Electronic Filing, Preliminary Objection
Source Language
english
Civil Procedure Land Law Limitation of Actions Appeals Electronic Filing Preliminary Objection

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Parties

Juma Ismail Monko

Appellant

Tabu Hamisi

Appellant

Manase Stephen

Respondent

Hamisi Ramadhani

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under section 41(2) of the Land Disputes Courts Act, Cap 216 R.E. 2019
  2. 2 Whether the effect of filing an appeal out of time without leave is dismissal or striking out

Ratio Decidendi

The appeal was filed out of time without leave of the court, contrary to section 41(2) of the Land Disputes Courts Act and section 3(1) of the Law of Limitation Act; therefore, the only legal consequence is dismissal of the appeal.

Court Disposition

Appeal dismissed as time barred.

Orders

  • Appeal dismissed for being preferred out of time.
  • Costs shall follow the cause.