raymond obed kitilya vs the commissioner for lands ministry of lands housing settlement others 2022 tzca 560 15 september 2022

raymond obed kitilya vs the commissioner for lands ministry of lands housing settlement others 2022 tzca 560 15 september 2022

The appeal is incompetent and time-barred because the appellant failed to serve the letter requesting proceedings on the respondents within the prescribed time, making the certificate of delay invalid and disentitling the appellant from exemption under Rule 90(1).

Citation
raymond obed kitilya vs the commissioner for lands ministry of lands housing settlement others 2022 tzca 560 15 september 2022
Parties
Appellant: Raymond Obed Kitilya; 1st Respondent: The Commissioner for Lands Ministry of Lands, Housing and Human Settlement; 2nd Respondent: The Attorney General; 3rd Respondent: Khalid Hamisi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 September 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as time-barred
Legal Topics
Limitation of Actions, Appeals Procedure, Service of Documents, Certificate of Delay
Source Language
English
Civil Procedure Land Law Limitation of Actions Appeals Procedure Service of Documents Certificate of Delay

Case Brief

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Parties

Raymond Obed Kitilya

Appellant

The Commissioner for Lands Ministry of Lands, Housing and Human Settlement

1st Respondent

The Attorney General

2nd Respondent

Khalid Hamisi

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time-barred due to late service of the letter requesting proceedings on the respondents
  2. 2 Whether the certificate of delay was valid and could be relied upon to exclude time for filing the appeal
  3. 3 Whether the overriding objective principle can cure non-compliance with mandatory procedural requirements

Ratio Decidendi

The appeal is incompetent and time-barred because the appellant failed to serve the letter requesting proceedings on the respondents within the prescribed time, making the certificate of delay invalid and disentitling the appellant from exemption under Rule 90(1).

Court Disposition

appeal struck out as time-barred

Orders

  • Appeal struck out with costs to the 1st and 2nd respondents.