salim twalibu makonyora vs rashid twalib makonyola others 2015 tzhclandd 10 5 march 2015
The appeal was filed within the statutory limitation period, as the appellant excluded the time spent obtaining the judgment and decree, and lodged the appeal two days before the expiry of the 45-day period.
Source-derived case information.
- Citation
- salim twalibu makonyora vs rashid twalib makonyola others 2015 tzhclandd 10 5 march 2015
- Parties
- Appellant: Salim Twalibu Makonyora (Minor) suing through Ashura Hamis (Next Friend); Respondent: Rashid Twalib Makonyora (Administrator of the Estate of Twalibu Rashid) and 2 others
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 5 March 2015
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed
- Legal Topics
- Limitation of Actions, Appeals, Computation of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Twalibu Makonyora (Minor) suing through Ashura Hamis (Next Friend)
Appellant
Rashid Twalib Makonyora (Administrator of the Estate of Twalibu Rashid) and 2 others
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal was time-barred under the applicable limitation period
Ratio Decidendi
The appeal was filed within the statutory limitation period, as the appellant excluded the time spent obtaining the judgment and decree, and lodged the appeal two days before the expiry of the 45-day period.
Court Disposition
Preliminary objection dismissed
Orders
- Costs to follow the event
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT TABORA. LAND APPEAL NO. 28 OF 2013 (From the Decision of the District Land and Housing Tribunal of Kigoma District at Kigoma. In Land Case No. 61 of 2011) SALIM TWALIBU MAKONYORA (MINOR! SUING THROUGH ASHURA HAMIS \- i (NEXT FREND).........................APPELljANT VERSUS RASHID TWALIB MAKONYORA (ADMINISTRATOR) ' OF THE ESTATE OF TWALIBU RASHID AND 2 OTHERES.... RESPONDENT RULING 4th& 5th March, 2015 RUMANYIKA.J. When the appeal against Judgment and decree of the District land and Housing Tribunal - Kigoma (DLHT) was called on for hearing, I had to here and determine a preliminary point of objection (p.o) raised by SalumTwaibMakonyola and 2 others (the respondents), that the appeal was time, barred that it be dismissed with costs. They appear in person Mr. Musa Kassim Learned Counsel appears for the Appellant. Submitting probably on such behalf, the 2nd Respondent stated very briefly that he received copy of the impugned decree on 22/04/2015, but the appeal was lodged on 7/8/2013. Mr. Musa Kassim in response, submitted that indeed the appeal was within time. As the judgment was delivered on 15/04/2013, and on request by his client in writing (vide ERV No. 39161256 of 18/4/2013), was supplied with copy of the impugned judgment on 6/5/2013, and a copy of decree on 25/6/2013. Then lodged this appeal on 7/8/2013. That is about 43 (forty three) days later (two days before lapse of the limitation period of 45 days). Having one excludedthe days one was waiting for the copies (S. 19 (3) of the Law of Limitation Act Copy 89 R.E. 2002). The time as prescribed by law within which to lodge a first appeal as is the case here, is forty five (45) days of the DLHT'S impugned decision (section 38 of Cap 216 R.E. 2002. But upon the appellant receiving all the documents necessary to be appended to the appeal. The Respondents in our case do not dispute that the Appellant procured the last document on 25.06.2013 and lodged -the appeal just two days before the time lapse. The p.ois on that basis dismissed. Costs to follow the events. S.M. RUMANYIKA JUDGE 04/ 03/2015 2