naziri koshuma vs swiga itege 2002 tzhc 2051 18 july 2002
The appeal was dismissed as it was filed 115 days after the decision, far beyond the thirty-day limitation period prescribed by law.
Source-derived case information.
- Citation
- naziri koshuma vs swiga itege 2002 tzhc 2051 18 july 2002
- Parties
- Appellant: Naziri Koskuja; Respondent: Swiga Itege
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 July 2002
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Limitation Period, Territorial Jurisdiction, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naziri Koskuja
Appellant
Swiga Itege
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether the trial court had territorial jurisdiction over the matter
Ratio Decidendi
The appeal was dismissed as it was filed 115 days after the decision, far beyond the thirty-day limitation period prescribed by law.
Court Disposition
appeal dismissed
Orders
- No order as to costs
- Deceased's estate shall not be distributed or alienated until revision proceedings are concluded
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT I.1BEYA I'ISC. CIVIL APPEAL NO. 12 OF 2002 ' (From the d e c is io n o f the D i s t r i c t Court o f Mbeya D i s t r i c t at Mbeya in (P robate) C iv il Appeal No. 19 o f 2001 and Ig u ru si prim ary Court Q iv il Ca30 No*3 o f 2001) NAZIRI KOSKTJUA.................................. .....APPELLArlT VERSUS SWIGA ITEGE................................... RESPONDENT JUDGEMENT fiiACKANJA. J . This appeal o r ig in a t e s from the appointment o f Swiga Ite g e as the a d m in istrix o f the e s ta te o f the la te Malay John Lazaro Kwangosi who passed away at Mtwara where he r e s i l e d . His r o o ts are at I g u r u s i, Mbey.-js. The d e c is io n from which i t i s appealed was d e liv e r e d on 14th December, 2001 6 Hr;vine been a g g riev ed the a p p e lla n t lodged t h is appeal on 21st March, 2002, A ccordin g to s e c t io n 25 o f the M agistrates Courts Act an appeal o r ig in a tin g from a prim ary - i t must be in s t it u t e d w ith in -th irty d a y s a ft e r the date o f the d e c is io n o f the a p p e lla te D i s t r i c t Cour-c. The one b e fo re me was i n s t it u t e d 115 days a f t e r the date o f the d e c is io n which i t i s in ten d ed to ap p ea l. I t fo llo w s th at the appeal i s h o p e le s s ly out out tim e. I dism iss i t on th a t a ccou n t. There s h a ll be no ord er as to c o s t s . I have d is c o v e r e d , however, th at there appeci*s to bo a fundamental e r r o r on the fa ce o f ther e co r d s o f p ro c cc d in g s rega rd in g the t e r i t c r i a l ju r i s d i c t i o n o f the t r i a l c o u r t. I th e r e fo r e d ir e c t th at r o v is io n a l p roceed in g s to be in s t it u t e d to determine whether the I^u ru si prim ary Court had j u r i s d i c t i o n to e n te r ta in the a p p l ic > t ijn , co n sid e rin g th at the deceased re s id e d at Songea where he had landed p r o p e r ty . In the meantime the • -i* d ecea sed ’ s e s ta te s h a ll not d is t r ib u t e d or. in .any way a lie n a te d u n t i l the re v is io n a l p roceed in gs h.-rve been concluded* Delivered’, q . . •* *■*' e' ^ / ', " ' x :q / , S i'clz MACKANJA 1 • \ ii — t . j.. i JUDGE — 1;/^ ^ \1‘ 18/ 7/2002 * • C e r t ifie d true copy o f the o r ig in a l* > DISTRICT REGISTRAR MBEYA