lweyendera hamisi vs venant tinatumile 2004 tzhc 52 12 august 2004

lweyendera hamisi vs venant tinatumile 2004 tzhc 52 12 august 2004

The appeal was filed outside the prescribed 30-day period from the date of judgment, and attachment or receipt of a copy of the judgment is not a condition precedent for filing an appeal; therefore, the appeal is time-barred.

Source-derived case information.

Citation
lweyendera hamisi vs venant tinatumile 2004 tzhc 52 12 august 2004
Parties
Appellant: Lweyendera Hamisi; Respondent: Venant Tinatumile
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 August 2004
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed as time-barred
Legal Topics
Appeals, Limitation Period, Primary Court Appeals
Source Language
english
Civil Procedure Appeals Limitation Period Primary Court Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lweyendera Hamisi

Appellant

Venant Tinatumile

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under the Magistrates’ Courts Act, 1984
  2. 2 Whether time for appeal starts running from the date of judgment or from the date of receiving a copy of the judgment

Ratio Decidendi

The appeal was filed outside the prescribed 30-day period from the date of judgment, and attachment or receipt of a copy of the judgment is not a condition precedent for filing an appeal; therefore, the appeal is time-barred.

Court Disposition

appeal dismissed as time-barred

Orders

  • appeal dismissed with costs