martin pemba vs ngika malewo 2009 tzhc 13 15 may 2009

martin pemba vs ngika malewo 2009 tzhc 13 15 may 2009

The appeal was filed more than ninety days after the judgment and is therefore time-barred under the Law of Limitation Act. There is no legal requirement for a notice of appeal in this context. The appeal is dismissed for being out of time.

Citation
martin pemba vs ngika malewo 2009 tzhc 13 15 may 2009
Parties
Appellant: Martin Pemba; Respondent: Ngika Malewo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed with costs
Legal Topics
Limitation of Actions, Appeals Procedure, Jurisdiction, Preliminary Objections
Source Language
English
Civil Procedure Limitation of Actions Appeals Procedure Jurisdiction Preliminary Objections

Case Brief

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Parties

Martin Pemba

Appellant

Ngika Malewo

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether a notice of appeal was required before instituting the appeal
  3. 3 Whether the court had jurisdiction to entertain the appeal

Ratio Decidendi

The appeal was filed more than ninety days after the judgment and is therefore time-barred under the Law of Limitation Act. There is no legal requirement for a notice of appeal in this context. The appeal is dismissed for being out of time.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed for being filed out of time.
  • Costs awarded to the respondent.