20111111 TZHC Dar es Salaam

20111111 TZHC Dar es Salaam

The appeal was filed out of time without leave of the court; exclusion of time for obtaining copies cannot be done automatically by the appellant and requires proof and leave; therefore, the appeal is time barred and must be dismissed under Section 3 of the Law of Limitation Act.

Citation
20111111 TZHC Dar es Salaam
Parties
Appellant: TANESCO; Respondent: Christopher Bita Makunja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 November 2011
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed as time barred
Legal Topics
Time Bar, Appeal Procedure, Extension of Time, Dismissal of Appeal
Source Language
English
Civil Procedure Limitation Law Time Bar Appeal Procedure Extension of Time Dismissal of Appeal

Case Brief

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Parties

TANESCO

Appellant

Christopher Bita Makunja

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred in law
  2. 2 Remedy for a time barred appeal
  3. 3 Competence of decree attached to memorandum of appeal

Ratio Decidendi

The appeal was filed out of time without leave of the court; exclusion of time for obtaining copies cannot be done automatically by the appellant and requires proof and leave; therefore, the appeal is time barred and must be dismissed under Section 3 of the Law of Limitation Act.

Court Disposition

appeal dismissed as time barred

Orders

  • appeal dismissed with costs
  • preliminary objection upheld