20121017 TZHC Mwanza

The appeal was filed 32 days out of time without an order enlarging time; therefore, the court lacks jurisdiction and the appeal is incompetent and must be struck out.

Citation: 20121017 TZHC Mwanza
Parties: Appellant: Wilbad Lubu'ye; Respondent: Mkaka Magafu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 October 2012
Procedural Posture: Miscellaneous Land Case Appeal / Ruling on Competence/jurisdiction
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

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Wilbad Lubu'ye

Appellant

Mkaka Magafu

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Ruling on Competence/jurisdiction

Legal Issues

1 Whether the appeal was filed within the prescribed limitation period
2 Whether the court has jurisdiction to entertain an appeal filed out of time without extension

Ratio Decidendi

The appeal was filed 32 days out of time without an 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 for being filed out of time.
No order as to costs.