said o mamba vs the attorney general others 2013 tzca 422 27 june 2013

The appeal was instituted out of time without compliance with the saving provisions of Rule 90(1), rendering it incompetent and liable to be struck out.

Citation: said o mamba vs the attorney general others 2013 tzca 422 27 june 2013
Parties: Appellant: Said O. Mamba; Respondents: The Attorney General & Others
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 June 2013
Procedural Posture: Civil Appeal / Order on Preliminary Objection
Outcome: appeal struck out as incompetent
Legal Topics: Appeal Out of Time, Preliminary Objection, Court Procedure
Source Language: English

Civil Procedure Labour Law Appeal Out of Time Preliminary Objection Court Procedure

Case Brief

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Parties

Said O. Mamba

Appellant

The Attorney General & Others

Respondents

Procedural Posture

Civil Appeal / Order on Preliminary Objection

Legal Issues

1 Whether the appeal was instituted within the prescribed time limit under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009
2 Whether the appeal is competent if lodged out of time without proper explanation

Ratio Decidendi

The appeal was instituted out of time without compliance with the saving provisions of Rule 90(1), rendering it incompetent and liable to be struck out.

Court Disposition

appeal struck out as incompetent

Orders

The appeal is struck out with costs to the respondents.