zubeda mohamed malambo vs said yahaya mwedi 2020 tzhc 567 9 march 2020
The appeal was filed out of time, exceeding the forty-five day limitation period, and is therefore struck out.
- Citation
- zubeda mohamed malambo vs said yahaya mwedi 2020 tzhc 567 9 march 2020
- Parties
- Appellant: Zubeda Mohamed Marambo; Respondent: Said Yahaya Mwedi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 March 2020
- Procedural Posture
- Miscellaneous Land Case Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Legal Topics
- Execution of Decrees, Appeals, Limitation of Actions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Parties
Zubeda Mohamed Marambo
Appellant
Said Yahaya Mwedi
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the execution order by the District Land and Housing Tribunal is appealable to the High Court
- 2 Whether the appeal was filed within the prescribed limitation period
Ratio Decidendi
The appeal was filed out of time, exceeding the forty-five day limitation period, and is therefore struck out.
Court Disposition
appeal struck out
Orders
- The preliminary objection is upheld.
- The appeal is struck out.
Full Case Text
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