20120904 TZHC Dar es Salaam

20120904 TZHC Dar es Salaam

The appeal was filed more than eight months after the judgment of the District Land and Housing Tribunal, far beyond the prescribed ninety-day limitation period. No leave for extension of time was sought or granted. The court, lacking jurisdiction, must strike out the appeal as incompetent.

Citation
20120904 TZHC Dar es Salaam
Parties
Appellant: Wolfram B. Haule; Respondent: Friginia Ole Mashale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 September 2012
Procedural Posture
Land Appeal / Ruling on Preliminary Issue (limitation of Time)
Outcome
Appeal struck out with costs for being filed out of time.
Legal Topics
Limitation of Actions, Jurisdiction, Appeals From District Land and Housing Tribunal
Source Language
English
Land Law Civil Procedure Limitation of Actions Jurisdiction Appeals From District Land and Housing Tribunal

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Parties

Wolfram B. Haule

Appellant

Friginia Ole Mashale

Respondent

Procedural Posture

Land Appeal / Ruling on Preliminary Issue (limitation of Time)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period
  2. 2 Whether the High Court has jurisdiction to entertain an appeal filed out of time without leave

Ratio Decidendi

The appeal was filed more than eight months after the judgment of the District Land and Housing Tribunal, far beyond the prescribed ninety-day limitation period. No leave for extension of time was sought or granted. The court, lacking jurisdiction, must strike out the appeal as incompetent.

Court Disposition

Appeal struck out with costs for being filed out of time.

Orders

  • The appeal is struck out with costs for being filed belatedly out of time.