patrick e moshi vs martin ulaya and two others 2020 tzhc 4558 14 december 2020

patrick e moshi vs martin ulaya and two others 2020 tzhc 4558 14 december 2020

The appeal was filed out of time, exceeding the 45-day statutory period for appeals under section 41(2) of the Land Disputes Courts Act, and the Law of Limitation Act does not extend the limitation period in appellate jurisdiction. The appellant did not seek extension of time, rendering the appeal incompetent and time barred.

Citation
patrick e moshi vs martin ulaya and two others 2020 tzhc 4558 14 december 2020
Parties
Appellant: Patrick E. Moshi; Respondent: Martin Ulaya; Respondent: Edward Makelio Moshi; Respondent: Kissarh Akulini Mchomba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed as time barred with costs.
Legal Topics
Limitation of Actions, Appeals, Jurisdiction
Source Language
English
Civil Procedure Land Law Limitation of Actions Appeals Jurisdiction

Case Brief

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Parties

Patrick E. Moshi

Appellant

Martin Ulaya

Respondent

Edward Makelio Moshi

Respondent

Kissarh Akulini Mchomba

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred

Ratio Decidendi

The appeal was filed out of time, exceeding the 45-day statutory period for appeals under section 41(2) of the Land Disputes Courts Act, and the Law of Limitation Act does not extend the limitation period in appellate jurisdiction. The appellant did not seek extension of time, rendering the appeal incompetent and time barred.

Court Disposition

Appeal dismissed as time barred with costs.

Orders

  • Appeal dismissed pursuant to section 3(1) of the Law of Limitation Act, Cap 89 R.E. 2019, with costs.