20040429 TZHC Bukoba
The appeal was filed more than 30 days after the district court's decision and without leave of the court; therefore, it is dismissed as time-barred.
Source-derived case information.
- Citation
- 20040429 TZHC Bukoba
- Parties
- Appellant: Sylveri Gaudiosi; Respondent: Issaya Gordian
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 April 2004
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Out of Time, Limitation Period
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylveri Gaudiosi
Appellant
Issaya Gordian
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether leave was obtained to file the appeal out of time
Ratio Decidendi
The appeal was filed more than 30 days after the district court's decision and without leave of the court; therefore, it is dismissed as time-barred.
Court Disposition
appeal dismissed
Orders
- appeal dismissed for being filed out of time without leave
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT .MWANZA (PC) CIVIL APPEAL NOo 119/91 (From the decision of the District Court of Bukob~ ~t Bukoba in civil !ippetll No. 8/88 ~nd origin!'.11 civil c.-.ise No. 13/87 of Ibwera Pritn'!try court) (Before: J. Ko Mo Mufungo, Esq. DM) SYLVERI GAUDIOSI.0000••••• 0 0 0 O O O O O O O G o O O O O O O O O O Q O .O APPELLANT VRS·. · ISSAYA GORDIAN ••••••••••••••••••• ~••••••••••••••••• RESPONDENT JUDGME;NT ID.ANDA, J. Under s. 25 (4) (b) of the M~gistr~te Court Act, 1984 if one is oggrieved with o finding of~ district court exercising its ~p~ell~te or revisionol jurisdiction ~nd intends to appeol to this court, he is required to lodge his oppe~l within 30 d~ys from the d,te of the decision-. In our ctise, this 3.ppe::11 ·trns ·filed on 1-:>/7/88 vide ERV 032522; Wherens judgment of the district court ~s h~nded down on 23/5/88~ Tho.t is o period of more th!l.n 30 d,ys. It is clear th~t the appeal was file1 outside the prescribed time and without le~ve of this court. The some is dismissed. AT BUKOBA 29/4/2004