20070613 TZHC Mwanza

The appeal was filed seven days out of time, contrary to the statutory requirement, rendering it incompetent and liable to dismissal for being time-barred.

Citation: 20070613 TZHC Mwanza
Parties: Appellant: Mahija Sele Mani; Respondent: Suleiman Pesa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 June 2007
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Letters of Administration, Limitation of Actions, Appeal Procedure
Source Language: English

Civil Procedure Succession Law Letters of Administration Limitation of Actions Appeal Procedure

Case Brief

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Parties

Mahija Sele Mani

Appellant

Suleiman Pesa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the appeal was lodged within the prescribed limitation period under Section 25(1)(b) of the Magistrates' Courts Act
2 Whether the appeal is competent if filed out of time

Ratio Decidendi

The appeal was filed seven days out of time, contrary to the statutory requirement, rendering it incompetent and liable to dismissal for being time-barred.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs for being time-barred.