milaji bakari hamis v nmb plc another 2024 tzhc 483 28 february 2024
The appeal was filed out of time without leave of the court, as the appellant did not obtain an extension of time to appeal. The High Court's previous order did not grant such extension but only permitted filing a proper application. Therefore, the appeal is time-barred and must be dismissed.
- Citation
- milaji bakari hamis v nmb plc another 2024 tzhc 483 28 february 2024
- Parties
- Appellant: Milaji Bakari Hamis; 1st Respondent: NMB PLC; 2nd Respondent: Dolphin General Business Ent. Co. Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2024
- Procedural Posture
- Land Case Appeal / Ruling on Preliminary Objection
- Outcome
- Appeal dismissed as time-barred
- Legal Topics
- Limitation of Actions, Appeals, Extension of Time
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Milaji Bakari Hamis
Appellant
NMB PLC
1st Respondent
Dolphin General Business Ent. Co. Ltd
2nd Respondent
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is time-barred
- 2 Whether the court's order of 03/03/2023 granted extension of time to appeal
Ratio Decidendi
The appeal was filed out of time without leave of the court, as the appellant did not obtain an extension of time to appeal. The High Court's previous order did not grant such extension but only permitted filing a proper application. Therefore, the appeal is time-barred and must be dismissed.
Court Disposition
Appeal dismissed as time-barred
Orders
- Appeal dismissed under Section 3(1) of the Law of Limitation Act [Cap. 89 R.E. 2019]
- Costs to be borne by the appellant
Full Case Text
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