20160930 TZHC Dodoma2
The appeal is time barred as Section 21 of the Law of Limitation Act does not apply; the limitation period is forty-five days from certification of the ruling, and the appeal was filed after seven months.
- Citation
- 20160930 TZHC Dodoma2
- Parties
- Appellant: William Sijila; Respondent: Charles Nyato; Respondent: Tanasio Nailindyo; Respondent: Charles Lenjima
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2016
- Procedural Posture
- Land Appeal / Ruling on Preliminary Objections
- Outcome
- appeal dismissed with costs
- Legal Topics
- Limitation of Actions, Appeals, Preliminary Objections, Case Titling
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
William Sijila
Appellant
Charles Nyato
Respondent
Tanasio Nailindyo
Respondent
Charles Lenjima
Respondent
Procedural Posture
Land Appeal / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the appeal is time barred
- 2 Whether wrong titling invalidates the appeal
- 3 Whether Section 21 of the Law of Limitation Act applies to exclude time spent pursuing review
Ratio Decidendi
The appeal is time barred as Section 21 of the Law of Limitation Act does not apply; the limitation period is forty-five days from certification of the ruling, and the appeal was filed after seven months.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs under Section 3(1) of the Law of Limitation Act, Cap. 89.
- Right of appeal explained to parties.
Full Case Text
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