20150828 TZHC Dodoma

20150828 TZHC Dodoma

The appeal was filed 58 days after the decision, exceeding the 45-day limitation period. There was no evidence to support the appellant's claim of late receipt of the decision. The law requires dismissal of time-barred appeals.

Citation
20150828 TZHC Dodoma
Parties
Appellant: Yubu Kalebu Kuloje; 1st Respondent: Peter Lameck Lalusa; 2nd Respondent: Ndalu Maganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2015
Procedural Posture
Land Appeal / Ruling on Preliminary Objection (limitation of Time)
Outcome
Appeal dismissed with costs
Legal Topics
Limitation of Actions, Appeals, Jurisdiction
Source Language
English
Land Law Civil Procedure Limitation of Actions Appeals Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yubu Kalebu Kuloje

Appellant

Peter Lameck Lalusa

1st Respondent

Ndalu Maganga

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed limitation period

Ratio Decidendi

The appeal was filed 58 days after the decision, exceeding the 45-day limitation period. There was no evidence to support the appellant's claim of late receipt of the decision. The law requires dismissal of time-barred appeals.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs