paschal wamala vs abdul omary punja 2004 tzhc 31 8 july 2004
The appeal was filed five days beyond the statutory limitation period without leave of the court, rendering it time-barred and subject to dismissal with costs.
- Citation
- paschal wamala vs abdul omary punja 2004 tzhc 31 8 july 2004
- Parties
- Appellant: Paschal Wamala; Respondent: Abdul Omary Punja
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 July 2004
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed as time-barred
- Legal Topics
- Limitation Period, Appeals, Leave of Court
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paschal Wamala
Appellant
Abdul Omary Punja
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether leave of court was obtained for filing out of time
Ratio Decidendi
The appeal was filed five days beyond the statutory limitation period without leave of the court, rendering it time-barred and subject to dismissal with costs.
Court Disposition
appeal dismissed as time-barred
Orders
- Appeal dismissed with costs
Full Case Text
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