20020807 TZHC Arusha

20020807 TZHC Arusha

The appeal to the District Court was filed five days out of time and should have been dismissed for being time-barred. The High Court set aside the District Court's order and dismissed the appeal for being filed out of time.

Citation
20020807 TZHC Arusha
Parties
Appellant: Willie Mrema; Respondents: Damasi Joel & 2 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 2002
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Limitation Period, Appeal Procedure, Dismissal for Time Bar
Source Language
English
Civil Procedure Limitation Period Appeal Procedure Dismissal for Time Bar

Case Brief

Summary, issues, holding and outcome

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Parties

Willie Mrema

Appellant

Damasi Joel & 2 Others

Respondents

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the District Court erred in entertaining an appeal filed out of time
  2. 2 Whether the appeal should be dismissed for being time-barred

Ratio Decidendi

The appeal to the District Court was filed five days out of time and should have been dismissed for being time-barred. The High Court set aside the District Court's order and dismissed the appeal for being filed out of time.

Court Disposition

appeal dismissed

Orders

  • Order of the District Court set aside
  • Appeal dismissed as time-barred with costs