thomas kunogoleka vs joseph elias 2012 tzhclandd 23 25 october 2012

thomas kunogoleka vs joseph elias 2012 tzhclandd 23 25 october 2012

The appeal was filed out of time, without leave for extension, contrary to Section 38(1) of Cap 216, and is therefore incompetent and must be struck out for want of jurisdiction.

Source-derived case information.

Citation
thomas kunogoleka vs joseph elias 2012 tzhclandd 23 25 october 2012
Parties
Appellant: Thomas Kunogoleka; Respondent: Joseph Elia S.
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 October 2012
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (timeliness of Appeal)
Outcome
Appeal struck out as incompetent for being filed out of time.
Legal Topics
Limitation of Actions, Appellate Procedure, Jurisdiction
Source Language
english
Land Law Civil Procedure Limitation of Actions Appellate Procedure Jurisdiction

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Parties

Thomas Kunogoleka

Appellant

Joseph Elia S.

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Preliminary Issue (timeliness of Appeal)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period under Section 38(1) of the Land Disputes Courts Act, Cap 216
  2. 2 Whether the use of 'Memorandum of Appeal' instead of 'Petition of Appeal' renders the appeal incompetent

Ratio Decidendi

The appeal was filed out of time, without leave for extension, contrary to Section 38(1) of Cap 216, and is therefore incompetent and must be struck out for want of jurisdiction.

Court Disposition

Appeal struck out as incompetent for being filed out of time.

Orders

  • Appeal struck out as incompetent.
  • No order as to costs.