zakayo elia vs joseph mwangake 2012 tzhc 66 27 september 2012

zakayo elia vs joseph mwangake 2012 tzhc 66 27 september 2012

The appeal was filed out of time, contrary to Section 38(1) of Cap. 216, and without leave for extension; thus, the court lacks jurisdiction and the appeal is incompetent and must be struck out.

Source-derived case information.

Citation
zakayo elia vs joseph mwangake 2012 tzhc 66 27 september 2012
Parties
Appellant: Zakayo Elia; Respondent: Joseph Mwangake
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 September 2012
Procedural Posture
Miscellaneous Land Appeal / Ruling on Competence/jurisdiction (timeliness of Appeal)
Outcome
Appeal struck out as incompetent for being filed out of time.
Legal Topics
Limitation of Actions, Jurisdiction, Appeals Process
Source Language
english
Land Law Civil Procedure Limitation of Actions Jurisdiction Appeals Process

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Parties

Zakayo Elia

Appellant

Joseph Mwangake

Respondent

Procedural Posture

Miscellaneous Land Appeal / Ruling on Competence/jurisdiction (timeliness of Appeal)

Legal Issues

  1. 1 Whether the appeal was filed within the prescribed time limit under Section 38(1) of the Land Disputes Courts Act, Cap. 216
  2. 2 Whether attachment of judgment/decree is a condition precedent for instituting an appeal from the District Land and Housing Tribunal
  3. 3 Whether the court has jurisdiction to entertain an appeal filed out of time without leave

Ratio Decidendi

The appeal was filed out of time, contrary to Section 38(1) of Cap. 216, and without leave for extension; thus, the court lacks jurisdiction and the appeal is incompetent and must be struck out.

Court Disposition

Appeal struck out as incompetent for being filed out of time.

Orders

  • Appeal struck out for being filed hopelessly out of time.
  • No order as to costs.