leonard ntogwa vs enock mabagala 2012 tzhclandd 140 18 october 2012

leonard ntogwa vs enock mabagala 2012 tzhclandd 140 18 october 2012

The appeal was filed out of time, contrary to Section 38(1) of Cap 216, and without an order enlarging time; therefore, the court lacks jurisdiction to entertain it, and the appeal must be struck out as incompetent.

Citation
leonard ntogwa vs enock mabagala 2012 tzhclandd 140 18 october 2012
Parties
Appellant: Leonard Ntogwa; Respondent: Enock Mbagala
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 October 2012
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (limitation of Time)
Outcome
Appeal struck out as incompetent for being filed out of time.
Legal Topics
Limitation of Actions, Jurisdiction, Appellate Procedure
Source Language
English
Land Law Civil Procedure Limitation of Actions Jurisdiction Appellate Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Leonard Ntogwa

Appellant

Enock Mbagala

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (limitation of Time)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under Section 38(1) of the Land Disputes Courts Act, Cap 216
  2. 2 Whether attachment of copies of proceedings, judgment, and decree is a mandatory requirement for filing an appeal under Section 38(1) of Cap 216
  3. 3 Whether the court has jurisdiction to entertain an appeal filed out of time without leave

Ratio Decidendi

The appeal was filed out of time, contrary to Section 38(1) of Cap 216, and without an order enlarging time; therefore, the court lacks jurisdiction to entertain it, and the appeal must be struck out as incompetent.

Court Disposition

Appeal struck out as incompetent for being filed out of time.

Orders

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