20150304 TZHC Tabora
The appeal was filed within the statutory limitation period, as the appellant lodged the appeal two days before the lapse of 45 days after obtaining the last necessary document; therefore, the preliminary objection was dismissed.
Source-derived case information.
- Citation
- 20150304 TZHC Tabora
- 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
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 March 2015
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objection
- Outcome
- Preliminary objection dismissed
- Legal Topics
- Limitation of Actions, Appeals Procedure
- 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 lodged the appeal two days before the lapse of 45 days after obtaining the last necessary document; therefore, the preliminary objection was dismissed.
Court Disposition
Preliminary objection dismissed
Orders
- Costs to follow the event
Full Case Text
Judgment text and source record
1 paragraphs
J • 00 '. AT TABORA. . . ·, .. Lf\f';JD A~PEAL NO. 28 OF 2013 ' , ; ,; ,i .. 't ~-· i,.· , . f-~ ,..r·-:. . .. A-.-<.. ., ~.• • ~ .I.: .• (From the Deds!on oftne~;Plstrict Lc;lnd and Housing Tribunal of Kigoma Distriot:at Kigoma\:~Jn Land Case No. 61 :of 2011) ,., . - _.- './11, ... ~ ~ • . • • I . .,~ ~ SALIM TWALIBU MAKQNYORA (MINO . ' . • , • j, ... ' t- . .. ~.,/;)I" ,I -~- ,..,. ~ ! .... A.,,,,:...-- . o '•\ '\;, i \~ "' SUI NG THROUGH ASHURA HAMIS . l·; .,, ,<"~ ;-1.. ,·, . ~-"'"'r ' ,' -, ,t:··~· ', (NEXT FREND) ............................APPEL NT VERSUS . RASHID TWALIB MAKONYORA (ADMINISTRATOR) OF THE ESTATE OF TWALIBU RASHID AND 2 OTHERES ...... RESPONDENT RULING RUMANYIKA,J. When the appeal against Judgment and decree of the District land and Housin;g 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. 1 43 (forty three) days later (two days before lapse of the limita!ion period of tl· 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 th~ time lapse. The p.ois on that basis dismissed. Costs to follow the events . ., S.M. RUMANYIKA JUDGE 04/03/2015 2