20181214 TZHC Mwanza

The appeal was filed after the statutory thirty-day period and no extension of time was sought or granted; therefore, the appeal is time barred and must be dismissed.

Citation: 20181214 TZHC Mwanza
Parties: Appellant: Leo John; Respondent: Chacha Joseph; Respondent: Dommy Athuman Juma
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 December 2018
Procedural Posture: Civil Appeal / Second Appeal Before High Court
Outcome: appeal dismissed as time barred
Legal Topics: Limitation Period, Appeals From Primary Court, Dismissal for Time Bar
Source Language: English

Civil Procedure Limitation Period Appeals From Primary Court Dismissal for Time Bar

Case Brief

Summary, issues, holding and outcome

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Parties

Leo John

Appellant

Chacha Joseph

Respondent

Dommy Athuman Juma

Respondent

Procedural Posture

Civil Appeal / Second Appeal Before High Court

Legal Issues

1 Whether the appeal was filed within the statutory limitation period
2 Whether the High Court can entertain an appeal filed out of time without extension

Ratio Decidendi

The appeal was filed after the statutory thirty-day period and no extension of time was sought or granted; therefore, the appeal is time barred and must be dismissed.

Court Disposition

appeal dismissed as time barred

Orders

No order as to costs