20040429 TZHC Mwanza
The appeal was filed outside the prescribed 30-day period without leave of the court, rendering it incompetent and subject to dismissal.
Source-derived case information.
- Citation
- 20040429 TZHC Mwanza
- 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 outside the prescribed 30-day period without leave of the court, rendering it incompetent and subject to dismissal.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
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