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Tanzania decisions
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Since the appeal was lodged on 9/1/2024 and the judgment was supplied on 6/12/2023, the appeal was filed within the prescribed time after excluding the period spent obtaining the judgment copy.
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The High Court dismissed a probate appeal as time-barred, holding that the appellants failed to prove timely electronic filing within the 30-day limit.
The appeal was filed within the permissible period after excluding the time spent waiting for certified copies of the ruling and drawn order, and the requirement for a written request as stated in Nicodemus Lusambo is inapplicable to the present circumstances.
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The appeal was filed beyond the prescribed 45-day limitation period, and the appellant failed to account for each day of delay or to apply for extension of time. Therefore, the appeal is incompetent and must be dismissed.
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The appeal is time barred because the limitation period started when the certified copies of judgment and decree were ready for collection, not when the appellant collected them. The appeal was filed after the prescribed 45 days, contrary to section 41(2) of the Land Disputes Courts Act.
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The High Court struck out a land appeal as time-barred, finding it was filed two days outside the 45-day limit under the Land Disputes Courts Act.
The appeal was filed within the prescribed time because the electronic submission date (03/12/2021) is the operative date for filing, not the date of payment. The law and relevant rules clearly state that electronic submission constitutes filing, and payment delays attributable to the court do not render the filing out of time.
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The appeal was not time barred because the appellant made a written request for certified copies of the judgment and decree on the day of delivery, and the appeal was filed on the same day the documents were supplied. The period spent waiting for the documents must be excluded from the limitation period under section 19(2) of the Law of Limitation Act.
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The appeal was not properly filed within the prescribed limitation period as payment of the filing fee is necessary at the time of filing; the Tribunal's acceptance of the appeal without payment was irregular and unsupported by law or government circular; the preliminary objection was on a point of law and should have been upheld.
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The respondent's appeal at the High Court was time barred as the petition of appeal was filed outside the prescribed forty-five days and the notice of appeal was defective; therefore, the High Court lacked jurisdiction to entertain the appeal.
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