lebere leboy vs ramadhani ally malungo 2018 tzhc 2762 23 may 2018

lebere leboy vs ramadhani ally malungo 2018 tzhc 2762 23 may 2018

The appeal was filed 95 days after the judgment, exceeding the 90-day limitation period. No formal application for extension of time was made; therefore, the court struck out the appeal as time-barred.

Source-derived case information.

Citation
lebere leboy vs ramadhani ally malungo 2018 tzhc 2762 23 may 2018
Parties
Appellant: Lebere Leboy; Respondent: Ramadhani Ally Malungo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 2018
Procedural Posture
Civil Appeal / Ruling on Limitation
Outcome
appeal struck out as time-barred
Legal Topics
Limitation Period, Appeal Procedure, Extension of Time
Source Language
english
Civil Procedure Limitation Period Appeal Procedure Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lebere Leboy

Appellant

Ramadhani Ally Malungo

Respondent

Procedural Posture

Civil Appeal / Ruling on Limitation

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the period for obtaining copies of judgment and decree can be excluded in computing limitation
  3. 3 Whether extension of time can be granted without a formal application

Ratio Decidendi

The appeal was filed 95 days after the judgment, exceeding the 90-day limitation period. No formal application for extension of time was made; therefore, the court struck out the appeal as time-barred.

Court Disposition

appeal struck out as time-barred

Orders

  • Appeal struck out for being filed out of time
  • No order as to costs