20160428 TZHC Arusha

20160428 TZHC Arusha

The appeal was filed out of time without seeking leave for extension; therefore, it is time barred and must be dismissed.

Citation
20160428 TZHC Arusha
Parties
1st Appellant: Richard Motta; 2nd Appellant: Karatu District Council; Respondent: Martin Qamunga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2016
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as time barred
Legal Topics
Limitation of Actions, Appeals, Extension of Time
Source Language
English
Civil Procedure Limitation of Actions Appeals Extension of Time

Case Brief

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Parties

Richard Motta

1st Appellant

Karatu District Council

2nd Appellant

Martin Qamunga

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 the appellant was entitled to exclusion of time for obtaining judgment and decree
  3. 3 Whether leave to appeal out of time was sought

Ratio Decidendi

The appeal was filed out of time without seeking leave for extension; therefore, it is time barred and must be dismissed.

Court Disposition

Appeal dismissed as time barred

Orders

  • Appeal dismissed
  • Costs to abide the results