morgan jacob moshi vs glory benjamin kanza 2018 tzhc 2140 18 september 2018

morgan jacob moshi vs glory benjamin kanza 2018 tzhc 2140 18 september 2018

The appeal was time barred because it was filed nearly two years after the judgment, far beyond the 45-day limitation period. The exclusion of time under section 19(1) of the Law of Limitation Act did not apply as a copy of the judgment was not a mandatory requirement for this appeal. Additionally, the appeal was filed in the wrong registry.

Citation
morgan jacob moshi vs glory benjamin kanza 2018 tzhc 2140 18 september 2018
Parties
Appellant: Morgan Jacob Moshi; Respondent: Glory Benjamin Kanza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2018
Procedural Posture
Civil Appeal / Judgment on Preliminary Objection (time Bar)
Outcome
appeal dismissed as time barred
Legal Topics
Matrimonial Proceedings, Appeal Limitation Period, Jurisdiction, Procedure for Filing Appeals
Source Language
English
Family Law Civil Procedure Matrimonial Proceedings Appeal Limitation Period Jurisdiction Procedure for Filing Appeals

Case Brief

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Parties

Morgan Jacob Moshi

Appellant

Glory Benjamin Kanza

Respondent

Procedural Posture

Civil Appeal / Judgment on Preliminary Objection (time Bar)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under section 80(2) of the Law of Marriage Act
  2. 2 Whether time spent awaiting a corrected decree can be excluded under section 19(1) of the Law of Limitation Act
  3. 3 Whether the appeal was filed in the correct registry as per the Matrimonial Proceedings Rules

Ratio Decidendi

The appeal was time barred because it was filed nearly two years after the judgment, far beyond the 45-day limitation period. The exclusion of time under section 19(1) of the Law of Limitation Act did not apply as a copy of the judgment was not a mandatory requirement for this appeal. Additionally, the appeal was filed in the wrong registry.

Court Disposition

appeal dismissed as time barred

Orders

  • Appeal dismissed with costs
  • Right to appeal explained