20030729 TZHC Arusha

20030729 TZHC Arusha

The application for review was dismissed because the law does not require waiting for a copy of the judgment before filing an appeal from the Primary Court, and the exclusion of time provision does not apply to such cases.

Citation
20030729 TZHC Arusha
Parties
Applicant: Nakayo Samwel; Respondent: Titos Lema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 2003
Procedural Posture
Miscellaneous Civil Review / Ruling on Application for Review
Outcome
application dismissed
Legal Topics
Limitation Period, Appeals From Primary Court, Review of Court Orders
Source Language
English
Civil Procedure Limitation Period Appeals From Primary Court Review of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Nakayo Samwel

Applicant

Titos Lema

Respondent

Procedural Posture

Miscellaneous Civil Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether the appeal was filed within the statutory limitation period
  2. 2 Whether waiting for a copy of judgment justifies delay in filing appeal
  3. 3 Applicability of exclusion of time under S.19(2) of the Law of Limitation Act, 1971 to appeals from Primary Court

Ratio Decidendi

The application for review was dismissed because the law does not require waiting for a copy of the judgment before filing an appeal from the Primary Court, and the exclusion of time provision does not apply to such cases.

Court Disposition

application dismissed

Orders

  • The application is dismissed with costs.