wincheslaus bernado vs maria henerco 2004 tzhc 57 9 july 2004

The appeal was filed five days out of time without obtaining leave of the court as required by law; therefore, it is incompetent and must be dismissed.

Source-derived case information.

Citation: wincheslaus bernado vs maria henerco 2004 tzhc 57 9 july 2004
Parties: Appellant: Wincheslaus Bernado; Respondent: Maria Henerco
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 July 2004
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Appeals, Extension of Time, Magistrates Courts Act
Source Language: english

Civil Procedure Appeals Extension of Time Magistrates Courts Act

Source-derived case record

Summary, issues, holding and outcome

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

Parties

Wincheslaus Bernado

Appellant

Maria Henerco

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appeal was filed within the prescribed time limit
2 Whether leave of the court was obtained for filing the appeal out of time

Ratio Decidendi

The appeal was filed five days out of time without obtaining leave of the court as required by law; therefore, it is incompetent and must be dismissed.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs

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