BUKOBA MUNICIPAL COUNCIL VS. NEW METRO MERCHANDISE. CIVIL APPEAL NO, 374 OF 2021

Abstract

Held (i). Section 19 (2) and (3) of the Law of Limitation Act provides for an automatic exclusion of time requisite for obtaining a copy of the decree or judgment appealed from when computing the period of limitation for lodging an appeal to the High Court. (ii). In terms of item number 1 of Part II of the Schedule to the Law of Limitation Act, a ninety days limitation period is prescribed for lodging an appeal under the Civil Procedure Code. Such period is computed from the date on which the judgment, decision, award, decree or order appealed against was delivered. (iii). It is trite law that, this Court can only look into matters that came up in the first appellate court and were decided upon and not matters that were neither raised nor determined by the court from which the appeal emanates, unless they are points of law.