20041026 TZHC Bukoba
The appeal was filed out of time and without leave of the court, rendering it time barred.
Source-derived case information.
- Citation
- 20041026 TZHC Bukoba
- Parties
- Appellant: Yuliana Mukakalema; Respondent: Theopister Kokugonza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 October 2004
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed as time barred
- Legal Topics
- Appeals, Limitation Period, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yuliana Mukakalema
Appellant
Theopister Kokugonza
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period
- 2 Whether leave of the court was obtained to file the appeal out of time
Ratio Decidendi
The appeal was filed out of time and without leave of the court, rendering it time barred.
Court Disposition
appeal dismissed as time barred
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT TANZANIA ATBUKOBA (Bukoba Registry) (PC) CIVIL APPEAL NO. 69 OF 1997 (Arising from District Court of Muleba Civil Appeal No 124 of 1996 and original civil case No.36/96 of Nshamba Primary Court)(Before: W. Mashauri Esq., DM) YULIANA MUKAKALEMA----------------------APPELLANT VRS THEOPISTER KOKUGONZA---------------------RESPONDENT JUDGMENT LUANDA, J~ This PC civil appeal was filed in this court on the 48th day vide ERV 03541432 after the date of judgment of Muleba District Court which was delivered on 3/1/1997 and without leave of this court. S. 25( 1) (b) of The MCA, 1984 clearly provides that if one is aggrieved by a decision of a district court in the exercise of its appellate or revisional jurisdiction in matters originating in primary court and wish to appeal in this court, he is required to do so within 30 days after the date of the decision. However, if he is late he must seek leave of this cour~ so that he be allowed to file his appeal outside the time limit. j\\:~: As neither of the two were complied with, the appeal is time barred. The same is rirnmissed. No . JUD~E 26/10/2004