20171130 TZHC Dar es Salaam 1
The appeal was filed out of time and no application for extension of time was made; therefore, the court struck out the appeal as it lacked jurisdiction to entertain it.
Source-derived case information.
- Citation
- 20171130 TZHC Dar es Salaam 1
- Parties
- Appellant: Moshi Charles Ombima; Respondent: George Charles Ombima
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 November 2017
- Procedural Posture
- Civil Appeal / Ruling on Timeliness of Appeal
- Outcome
- appeal struck out
- Legal Topics
- Appeals, Extension of Time, Limitation Period
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moshi Charles Ombima
Appellant
George Charles Ombima
Respondent
Procedural Posture
Civil Appeal / Ruling on Timeliness of Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether the court can entertain an appeal filed out of time without an application for extension
Ratio Decidendi
The appeal was filed out of time and no application for extension of time was made; therefore, the court struck out the appeal as it lacked jurisdiction to entertain it.
Court Disposition
appeal struck out
Orders
- Appeal is struck out for being filed out of time without an application for extension.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAM PC. CIVIL APPEAL NO. 209 OF 2017 (From Ilala District Court Misc. Civil Application No. 56 of 2017) MOSHI CHARLES OMBIMA ........................................... APPELLANT VERSUS GEORGE CHARLES OMBIMA .................................... RESPONDENT RULING MURUKE, J. This is a second appeal. The matter having gone through first appellate court was late filed on 21 st September, 2017 vide exchequer receipt No. 17172175. It is worth noting that Ruling subject of this appeal was delivered of 11.th July 2017. Appeal before this court on the matter originating from primary court, time is provided by Magistrates' Courts Act [Cap. 11 R.E. 2002] section 25 (1) (b) which read as follows:- ), Save as hereinafter provide in any other proceedings any party, if aggrieved by the decision or order of a district court in the exercise of its appellate or revisional jurisdiction may, within thirty days after the date of the decision or order, appeal therefrom to the High Court; and the High Court may extend the time for / 1 filing an appeal either before or after such period of thirty days has expired. Though the above law avails discretionary powers to the court to enlarge time to appeal either before or after expiry of the period of limitation; enlargement of time can only be sought in a requisite application. In the event law gives room for one to seek enlargement after expiry of limitation period, that accommodates the fate of late appeals where one can lodge an application to . l seek enlargement and avail reasonable or sufficient cause for the delay. Such extension of time cannot be automatically be assumed by parties unless a requisite application is properly sought through the appropriate forum. In the present case, ruling was delivered on 11 th July, 2017. Thirty days elapsed on 12th August 2017. Appeal filed on 21st September, 2017, obvious appeal is out of time. In the '1 circumstances, appeal is struck out. ~ , Z. G. Muruke JUDGE 30/11/2017 2 Ruling delivered in the presence o_f a~pella~t in _pe~_sqrJ ~nd in . abse6ce- of respondent not serv~d. - - ---------~-~~- - __ -~~-~-:..-:---~~----:-::--~------=-=-:---=-- -=-~-~-z~-::G~ · ~ uful<e-_-:-:: -~ :-:_ -- -- - - -- --- - - JUDGE 30/11/2017 3