20121025 TZHC Mwanza

20121025 TZHC Mwanza

The appeal was filed out of time, contrary to Section 38(1) of Cap 216, and without any order enlarging time; therefore, the court lacks jurisdiction and the appeal is incompetent and must be struck out.

Citation
20121025 TZHC Mwanza
Parties
Appellant: Thomas Kunogoleka; Respondent: Joseph Elias
Court
TZHC
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 Periods, Jurisdiction, Appellate Procedure
Source Language
English
Land Law Civil Procedure Limitation Periods Jurisdiction Appellate Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thomas Kunogoleka

Appellant

Joseph Elias

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, contrary to Section 38(1) of Cap 216, and without any order enlarging time; therefore, the court lacks jurisdiction and the appeal is incompetent and must be struck out.

Court Disposition

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

Orders

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