kellen rose rwakatare kuntu others vs zithay kabuga 2022 tzca 495 10 august 2022

kellen rose rwakatare kuntu others vs zithay kabuga 2022 tzca 495 10 august 2022

The appeal was filed out of time as the appellants failed to request certified copies within thirty days of the impugned judgment, making the certificate of delay invalid and the appeal incompetent; the overriding objective principle cannot cure this procedural defect.

Citation
kellen rose rwakatare kuntu others vs zithay kabuga 2022 tzca 495 10 august 2022
Parties
1st Appellant: Kellen Rose Rwakatare Kuntu; 2nd Appellant: Humphrey Kaulila Kenneth Rwakatare; 3rd Appellant: Tibe Kenneth Rwakatare; 4th Appellant: Mutta Robert Rwakatare; 5th Appellant: Registered Trustees of Mikocheni Assemblies of God; Respondent: Zithay Kabuga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 August 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out as incompetent for being time barred
Legal Topics
Limitation of Actions, Appeals Procedure, Overriding Objective Principle
Source Language
English
Civil Procedure Land Law Limitation of Actions Appeals Procedure Overriding Objective Principle

Case Brief

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Parties

Kellen Rose Rwakatare Kuntu

1st Appellant

Humphrey Kaulila Kenneth Rwakatare

2nd Appellant

Tibe Kenneth Rwakatare

3rd Appellant

Mutta Robert Rwakatare

4th Appellant

Registered Trustees of Mikocheni Assemblies of God

5th Appellant

Zithay Kabuga

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred under Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the overriding objective principle can remedy a time-barred appeal

Ratio Decidendi

The appeal was filed out of time as the appellants failed to request certified copies within thirty days of the impugned judgment, making the certificate of delay invalid and the appeal incompetent; the overriding objective principle cannot cure this procedural defect.

Court Disposition

Appeal struck out as incompetent for being time barred

Orders

  • Appeal struck out with costs