oswald mwandumusya vs sosthenes sambua and three others 2020 tzhc 4703 18 december 2020

The appeal was filed out of time without an application for extension, and the reason for delay was not formally presented to the court; therefore, the appeal is time barred and must be struck out.

Citation: oswald mwandumusya vs sosthenes sambua and three others 2020 tzhc 4703 18 december 2020
Parties: Appellant: Oswald Mwandumusya; 1st Respondent: Sostenes Sam Bua; 2nd Respondent: Gaudence Aloyce Sambua; 3rd Respondent: Mwanza City Saccos Limited; 4th Respondent: Adili Auction Mart
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 December 2020
Procedural Posture: Land Appeal / Ruling on Preliminary Objection
Outcome: Appeal struck out as time barred with costs.
Legal Topics: Limitation Periods, Appeals, Extension of Time
Source Language: English

Civil Procedure Land Law Limitation Periods Appeals Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3

Parties

Oswald Mwandumusya

Appellant

Sostenes Sam Bua

1st Respondent

Gaudence Aloyce Sambua

2nd Respondent

Mwanza City Saccos Limited

3rd Respondent

Adili Auction Mart

4th Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal was filed within the statutory limitation period
2 Whether failure to obtain certified copies of judgment and proceedings justifies delay without formal application for extension

Ratio Decidendi

The appeal was filed out of time without an application for extension, and the reason for delay was not formally presented to the court; therefore, the appeal is time barred and must be struck out.

Court Disposition

Appeal struck out as time barred with costs.

Orders

Appeal struck out
Appellant to pay costs