20200221 TZHC Dar es Salaam2

20200221 TZHC Dar es Salaam2

The appeal was filed beyond the prescribed limitation period without a formal application for extension of time. Exclusion of time for obtaining copies of judgment and decree is not automatic and must be sought through a formal application. The appellant failed to provide proof of efforts to obtain the necessary documents or to apply for extension, rendering the appeal incompetent and time-barred.

Citation
20200221 TZHC Dar es Salaam2
Parties
Appellant: Mohamed Enterprises (T) Ltd; 1st Respondent: The Managing Director, Dira ya Mtanzania Magazine; 2nd Respondent: Musa Mkama; 3rd Respondent: The Managing Director, Dira Newspaper Company Limited; 4th Respondent: POA Printing Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 February 2020
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

Mohamed Enterprises (T) Ltd

Appellant

The Managing Director, Dira ya Mtanzania Magazine

1st Respondent

Musa Mkama

2nd Respondent

The Managing Director, Dira Newspaper Company Limited

3rd Respondent

POA Printing Company Ltd

4th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was time-barred under the Law of Limitation Act
  2. 2 Whether exclusion of time for obtaining copies of judgment and decree was applicable without formal application

Ratio Decidendi

The appeal was filed beyond the prescribed limitation period without a formal application for extension of time. Exclusion of time for obtaining copies of judgment and decree is not automatic and must be sought through a formal application. The appellant failed to provide proof of efforts to obtain the necessary documents or to apply for extension, rendering the appeal incompetent and time-barred.

Court Disposition

appeal dismissed as time-barred

Orders

  • Appeal dismissed with costs
  • Right of appeal to the Court of Appeal of Tanzania explained