20080618 TZHC Dar es Salaam

20080618 TZHC Dar es Salaam

The preliminary objections were dismissed because the appeal was filed within the prescribed limitation period and there is no legal requirement for service of notice of intention to appeal under the applicable statute.

Source-derived case information.

Citation
20080618 TZHC Dar es Salaam
Parties
Appellant: Masoud Idd Shomari; Respondent: Said Rajabu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 2008
Procedural Posture
Land Appeal / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs
Legal Topics
Limitation of Actions, Preliminary Objections, Notice of Appeal
Source Language
english
Land Law Civil Procedure Limitation of Actions Preliminary Objections Notice of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Masoud Idd Shomari

Appellant

Said Rajabu

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal is barred by limitation under the Law of Limitation Act
  2. 2 Whether failure to serve notice of intention to appeal invalidates the appeal

Ratio Decidendi

The preliminary objections were dismissed because the appeal was filed within the prescribed limitation period and there is no legal requirement for service of notice of intention to appeal under the applicable statute.

Court Disposition

Preliminary objections dismissed with costs

Orders

  • Both preliminary objections are dismissed with costs