DIANA BUCHEYEKI
The appeal was struck out due to being filed out of time and for attaching an unsigned judgment, both contrary to mandatory legal requirements.
Source-derived case information.
- Citation
- DIANA BUCHEYEKI
- Parties
- Appellant: Martha Nyamuhanga; Appellant: Jojiana Maloji; Appellant: Tarime Charles; Respondent: Diana Bucheyeki
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 June 2024
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objections
- Outcome
- appeal struck out
- Legal Topics
- Appeal Period, Signed Judgment Requirement, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Nyamuhanga
Appellant
Jojiana Maloji
Appellant
Tarime Charles
Appellant
Diana Bucheyeki
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the appeal was filed within the prescribed time limit
- 2 Whether the attached judgment copy was valid (signed)
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.
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.
Full Case Text
Judgment text and source record
1 paragraphs
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