paul erasto vs stephen kalala 2018 tzhc 2694 14 september 2018

paul erasto vs stephen kalala 2018 tzhc 2694 14 september 2018

The applicable limitation period for appeals from the District Land and Housing Tribunal, where no specific period is prescribed, is forty five days under Part II of the 2nd Schedule to the Law of Limitation Act. The appeal was filed after 82 days without leave, rendering it time-barred and incompetent.

Citation
paul erasto vs stephen kalala 2018 tzhc 2694 14 september 2018
Parties
Appellant: Paul Erasto; Respondent: Stephen Patrick Kalala; Respondent: Maria Agustina Karugendo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2018
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed 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

Paul Erasto

Appellant

Stephen Patrick Kalala

Respondent

Maria Agustina Karugendo

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Which provision of the Law of Limitation Act applies to appeals from the District Land and Housing Tribunal

Ratio Decidendi

The applicable limitation period for appeals from the District Land and Housing Tribunal, where no specific period is prescribed, is forty five days under Part II of the 2nd Schedule to the Law of Limitation Act. The appeal was filed after 82 days without leave, rendering it time-barred and incompetent.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed for being filed out of time without leave of the court
  • Costs awarded to respondents