20130508 TZCA Tabora1

20130508 TZCA Tabora1

The appeal was incompetent because it was filed out of time, the appellant failed to serve the application for copies on the respondent as required, and leave to appeal was not obtained as mandated by Section 47(1) of the Land Disputes Act.

Citation
20130508 TZCA Tabora1
Parties
Appellant: Richard Ijja'yu; Respondent: Robert Bulili
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 May 2013
Procedural Posture
Civil Appeal / Ruling on Appeal's Competence
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Limitation Period, Leave to Appeal, Landlord and Tenant, Procedural Compliance
Source Language
English
Civil Procedure Land Law Appeal Limitation Period Leave to Appeal Landlord and Tenant Procedural Compliance

Case Brief

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Parties

Richard Ijja'yu

Appellant

Robert Bulili

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal's Competence

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the appellant complied with procedural requirements for serving application for copies on the respondent
  3. 3 Whether leave to appeal was obtained as required by law

Ratio Decidendi

The appeal was incompetent because it was filed out of time, the appellant failed to serve the application for copies on the respondent as required, and leave to appeal was not obtained as mandated by Section 47(1) of the Land Disputes Act.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with costs to the respondent