MWARIZO SAFII

The appeal was filed beyond the statutory 45-day period after receipt of the judgment and decree, and the appellants failed to seek extension of time as required by law. Technical difficulties with the e-filing system were not substantiated with evidence. The appeal is incompetent for being time-barred and must be dismissed.

Citation: MWARIZO SAFII
Parties: 1st Appellant: Hamis Jumbe Mwarizo (Administrator of estate of the late Amina Hamisi Mwarizo); 2nd Appellant: Ally Jumbe Mwarizo; Respondent: Ramadhani Hamad Mwarizo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 21 July 2023
Procedural Posture: Land Appeal / Judgment on Preliminary Objection (time Bar)
Outcome: Appeal dismissed as time-barred
Legal Topics: Limitation of Actions, Appeals, Jurisdiction, Extension of Time
Source Language: English

Land Law Civil Procedure Limitation of Actions Appeals Jurisdiction Extension of Time

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Parties

Hamis Jumbe Mwarizo (Administrator of estate of the late Amina Hamisi Mwarizo)

1st Appellant

Ally Jumbe Mwarizo

2nd Appellant

Ramadhani Hamad Mwarizo

Respondent

Procedural Posture

Land Appeal / Judgment on Preliminary Objection (time Bar)

Legal Issues

1 Whether the appeal was filed within the statutory time limit
2 Whether failure to seek extension of time renders the appeal incompetent

Ratio Decidendi

Court Disposition

Appeal dismissed as time-barred

Orders

Each party to bear its own costs