samweli kiraiya vs yesse edward male 2008 tzhc 325 6 march 2008

samweli kiraiya vs yesse edward male 2008 tzhc 325 6 march 2008

The appeal was time barred as it was filed 59 days late and no application for extension of time was made; procedural requirements under the Civil Procedure Code do not apply to appeals from Primary Courts.

Citation
samweli kiraiya vs yesse edward male 2008 tzhc 325 6 march 2008
Parties
Appellant: Samweli Kiraiya; Respondent: Yesse Edward Male
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 March 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Outcome
appeal dismissed
Legal Topics
Appeals, Limitation of Actions, Preliminary Objections
Source Language
English
Civil Procedure Appeals Limitation of Actions Preliminary Objections

Case Brief

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Parties

Samweli Kiraiya

Appellant

Yesse Edward Male

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the appeal is incompetent for failure to attach a decree as required by Order 39(1) of the Civil Procedure Code
  2. 2 Whether the appeal is time barred under Section 25(1)(b) of the Magistrates’ Courts Act
  3. 3 Whether leave for extension of time was required and obtained

Ratio Decidendi

The appeal was time barred as it was filed 59 days late and no application for extension of time was made; procedural requirements under the Civil Procedure Code do not apply to appeals from Primary Courts.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs