mbawala simon john vs access bank t ltd another 2022 tzhclandd 860 30 august 2022
The appellant failed to provide proof of requesting and being supplied with the impugned decision within the prescribed period; therefore, the appeal is time-barred and cannot benefit from automatic exclusion of time under Section 19(2) of the Law of Limitation Act.
- Citation
- mbawala simon john vs access bank t ltd another 2022 tzhclandd 860 30 august 2022
- Parties
- Appellant: Mbawala Simon John; 1st Respondent: Access Bank (T) Ltd; 2nd Respondent: Aloyce Paul Msechu
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 30 August 2022
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection (time Bar)
- Outcome
- appeal struck out as time-barred
- Legal Topics
- Appeals, Limitation Period, Exclusion of Time, Extension of Time
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mbawala Simon John
Appellant
Access Bank (T) Ltd
1st Respondent
Aloyce Paul Msechu
2nd Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection (time Bar)
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether the appellant is entitled to automatic exclusion of time spent waiting for copies of the decision
Ratio Decidendi
The appellant failed to provide proof of requesting and being supplied with the impugned decision within the prescribed period; therefore, the appeal is time-barred and cannot benefit from automatic exclusion of time under Section 19(2) of the Law of Limitation Act.
Court Disposition
appeal struck out as time-barred
Orders
- Appeal struck out with no order as to costs
Full Case Text
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