DIANA BUCHEYEKI
- Citation
- DIANA BUCHEYEKI
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 3 June 2024
- Posture
- Land Appeal / Ruling on Preliminary Objections
- Language
- English
More details
- Court
- TANZLII
- Decision
- 3 June 2024
- Posture
- Land Appeal / Ruling on Preliminary Objections
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was struck out due to being filed out of time and for attaching an unsigned judgment, both contrary to mandatory legal requirements.
Court disposition
appeal struck out
Orders
- Appeal struck out for being incompetent and filed out of time.
- Liberty to apply for extension of time to appeal out of time.
02
Material facts
Parties
Martha Nyamuhanga
AppellantJojiana Maloji
AppellantTarime Charles
AppellantDiana Bucheyeki
RespondentAmounts and remedies
- Days Between Judgment and Appeal Filing: 74
03
Procedural history
Posture
Land Appeal / Ruling on Preliminary Objections
04
Questions and positions
Legal issues
- 01
Whether the appeal was filed within the prescribed time limit
- 02
Whether the attached judgment copy was valid (signed)
Party arguments
- Applicant
- Appellants alleged they sought a copy of the judgment immediately after delivery but provided no proof.
- Respondent
- No respondent argument recorded in the ruling.
05
Court’s reasoning
Legal principles
- 01
Order XX, Rule 3 of the Civil Procedure Code [Cap 33 RE 2022]
A judgment must be signed by the person who composed it.
- 02
Section 41 of the Land Disputes Courts Act [Cap 216 RE 2022]
Appeals must be filed within 45 days from the date of judgment unless extension is granted.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was struck out due to being filed out of time and for attaching an unsigned judgment, both contrary to mandatory legal requirements.
Obiter and limits
- Appellants may apply for extension of time if they believe delay was due to the tribunal's fault.
Court disposition
appeal struck out
- Appeal struck out for being incompetent and filed out of time.
- Liberty to apply for extension of time to appeal out of time.
Source and reliance status
TANZLII · 3 June 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 3 June 2024
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF SHINYANGA
AT SHINYANGA
LAND APPEAL CASE REFFERENCE NO. 202405101000010625 (Originating from Land Application No. 25 of 2023 District Land and Housing Tribunal Busega) MARTHA NYAMUHANGA………………………………….1ST APPELLANT JOJIANA MALOJI…………………………..………………2ND APPELLANT TARIME CHARLES……………………………...………….3RD APPELLANT Versus DIANA BUCHEYEKI………………………….…………..…RESPONDENT Date of Last Order: 3/6/2024 Date of Ruling: 3/6/2024
RULING S. M. KULITA, J This appeal has a lot of faults on the period of time that the same was lodged before this court as from the date that it was delivered by the District Land and Housing Tribunal. 1 It is read to have been filed on 10/5/2024 while the impugned Judgment was delivered by the District Land and Housing Tribunal on 26/2/2024. The Appellants, through the 1st Appellant herein allege that, immediately after its delivery, they sought to be supplied with the copy of Judgment, but they provided no proof on that. Even the pleadings (Memorandum of Appeal) have not been attached with the letter nor any other document issued by the District Land and Housing Tribunal to prove on the date that they were supplied with the copy of Judgment. Worse enough, even the copy of Judgment that have been attached with the Memorandum of Appeal is not signed by the Chairperson who had composed it. It is a requirement of the law that the Judgment must be signed by the one who has composed it. See Order XX, Rule 3 of the Civil Procedure Code [cap 33 RE 2022] For those faults that I have noticed, I find this appeal with no legs to stand, hence struck out. If the Appellants believe that they have good reasons for delay to file their appeal within the prescribed time limit of 45 (forty-five) days as per the requirement of section 41 of the Land Disputes Courts Act [Cap 216 RE 2 2022], and that all what happened are the faults of the trial Tribunal, they can file the Application for extension of time to appeal before this court, seeking for leave to appeal out of time. I so order. S. M. Kulita
JUDGE 3/6/2024 DATED at SHINYANGA this 3rd day of June, 2024. S. M. Kulita
JUDGE 3/6/2024 3
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