sharifa aloyce mshana vs exim bank t limited 2 others 2023 tzhclandd 17144 16 november 2023

sharifa aloyce mshana vs exim bank t limited 2 others 2023 tzhclandd 17144 16 november 2023

The appeal is time barred because the appellant failed to demonstrate that a written request for copies of the judgment and decree was made, which is a prerequisite for exclusion of time under section 19(2) of the Law of Limitation Act. Therefore, the appeal was filed out of time and must be dismissed.

Citation
sharifa aloyce mshana vs exim bank t limited 2 others 2023 tzhclandd 17144 16 november 2023
Parties
Appellant: Mohamed Bareki Salum; 1st Respondent: Hamidu Kamugisha; 2nd Respondent: Mariam Hamisi (Administrator of the Estate of the Late Said Elizeus Rugangule); 3rd Respondent: National Microfinance Bank PLC; 4th Respondent: Bani Investment Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2023
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as time barred
Legal Topics
Limitation of Actions, Appeals, Preliminary Objection
Source Language
English
Civil Procedure Land Law Limitation of Actions Appeals Preliminary Objection

Case Brief

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Parties

Mohamed Bareki Salum

Appellant

Hamidu Kamugisha

1st Respondent

Mariam Hamisi (Administrator of the Estate of the Late Said Elizeus Rugangule)

2nd Respondent

National Microfinance Bank PLC

3rd Respondent

Bani Investment Limited

4th Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under section 41(2) of the Land Disputes Courts Act
  2. 2 Whether time spent awaiting copies of judgment and decree can be excluded under section 19(2) of the Law of Limitation Act without a written request

Ratio Decidendi

The appeal is time barred because the appellant failed to demonstrate that a written request for copies of the judgment and decree was made, which is a prerequisite for exclusion of time under section 19(2) of the Law of Limitation Act. Therefore, the appeal was filed out of time and must be dismissed.

Court Disposition

Appeal dismissed as time barred

Orders

  • Appeal dismissed for being filed out of time and without leave of the court
  • Costs to follow the event