YELA VS PILI

The appeal was dismissed as it was filed 61 days after the judgment, exceeding the 45-day limitation period, and no leave for extension was sought or granted.

Citation: YELA VS PILI
Parties: 1st Appellant: Yie Salu; 2nd Appellant: Boniphace Mabula; Respondent: Pili Yahunja
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 3 October 2023
Procedural Posture: Land Appeal / Ruling on Preliminary Objection Regarding Limitation Period
Outcome: Appeal dismissed as time barred
Legal Topics: Limitation of Actions, Appeals, Jurisdiction
Source Language: English

Land Law Civil Procedure Limitation of Actions Appeals Jurisdiction

Case Brief

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Parties

Yie Salu

1st Appellant

Boniphace Mabula

2nd Appellant

Pili Yahunja

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Objection Regarding Limitation Period

Legal Issues

1 Whether the appeal was filed within the prescribed limitation period
2 Whether leave was granted to file the appeal out of time

Ratio Decidendi

The appeal was dismissed as it was filed 61 days after the judgment, exceeding the 45-day limitation period, and no leave for extension was sought or granted.

Court Disposition

Appeal dismissed as time barred

Orders

Appeal dismissed for being time barred
Respondent awarded costs