paulina samson ndawanya vs theresia thomas madaha 2018 tzca 218 11 october 2018

paulina samson ndawanya vs theresia thomas madaha 2018 tzca 218 11 october 2018

The certificate of delay was properly issued after the appellant was notified that the copies were ready for collection, and the appeal was filed within the prescribed time; thus, the preliminary objection lacked merit.

Citation
paulina samson ndawanya vs theresia thomas madaha 2018 tzca 218 11 october 2018
Parties
Appellant: Paulina Samson Ndawavya; Respondent: Theresia Thomas Madaha
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2018
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Certificate of Delay, Computation of Time for Appeal, Service of Notice of Appeal
Source Language
English
Civil Procedure Land Law Certificate of Delay Computation of Time for Appeal Service of Notice of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Paulina Samson Ndawavya

Appellant

Theresia Thomas Madaha

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the certificate of delay issued by the Registrar was valid under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the appeal was time barred

Ratio Decidendi

The certificate of delay was properly issued after the appellant was notified that the copies were ready for collection, and the appeal was filed within the prescribed time; thus, the preliminary objection lacked merit.

Court Disposition

preliminary objection overruled

Orders

  • preliminary objection dismissed
  • costs to abide the outcome of the appeal