SAM IDD MSABILA SCANNED

SAM IDD MSABILA SCANNED

The appeal was filed two days out of time without an application for extension of time, contrary to the mandatory provisions of the Land Disputes Courts Act and the Law of Limitation Act. The court is bound to dismiss any matter filed out of time, regardless of the merits, unless extension is sought and granted.

Citation
SAM IDD MSABILA SCANNED
Parties
Appellant: Sam Idd Msabila; Respondent: Hadija Ally Ramadhani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 May 2024
Procedural Posture
Land Appeal / Judgment on Preliminary Objection (limitation of Time)
Outcome
Appeal dismissed with costs for being filed out of time.
Legal Topics
Limitation of Actions, Appeals, Jurisdiction, Refund of Purchase Price, Compensation for Improvements
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals Jurisdiction Refund of Purchase Price Compensation for Improvements

Case Brief

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Parties

Sam Idd Msabila

Appellant

Hadija Ally Ramadhani

Respondent

Procedural Posture

Land Appeal / Judgment on Preliminary Objection (limitation of Time)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the court can entertain an appeal filed out of time without extension

Ratio Decidendi

The appeal was filed two days out of time without an application for extension of time, contrary to the mandatory provisions of the Land Disputes Courts Act and the Law of Limitation Act. The court is bound to dismiss any matter filed out of time, regardless of the merits, unless extension is sought and granted.

Court Disposition

Appeal dismissed with costs for being filed out of time.

Orders

  • The entire appeal is dismissed with costs.