20001116 TZHC Dar es Salaam 2

The appeal was filed out of time and against a party that ceased to exist; both preliminary objections are upheld and the appeal is struck out as incompetent.

Citation: 20001116 TZHC Dar es Salaam 2
Parties: Appellant: Ositunda Sufu; 1st Respondent: National Bank of Commerce; 2nd Respondent: Tanzania Auction Mart & Court Broods Ltd; 3rd Respondent: Charles Nyite Nidye
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 November 2000
Procedural Posture: Civil Appeal / Ruling on Preliminary Objections
Outcome: appeal struck out as incompetent
Legal Topics: Limitation Period, Joinder of Parties
Source Language: English

Civil Procedure Limitation Period Joinder of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Ositunda Sufu

Appellant

National Bank of Commerce

1st Respondent

Tanzania Auction Mart & Court Broods Ltd

2nd Respondent

Charles Nyite Nidye

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

1 whether the appeal was filed within the limitation period
2 whether the appeal was filed against the proper party

Ratio Decidendi

The appeal was filed out of time and against a party that ceased to exist; both preliminary objections are upheld and the appeal is struck out as incompetent.

Court Disposition

appeal struck out as incompetent

Orders

appeal struck out with costs