| dc.contributor.author | MWAMBEGELE, FIKIRINI, J.A.. And MAKUNGU. J.A. J.A.. | |
| dc.date.accessioned | 2023-05-03T07:40:21Z | |
| dc.date.available | 2023-05-03T07:40:21Z | |
| dc.date.issued | 2022-09-13 | |
| dc.identifier.uri | http://localhost/handle/123456789/1168 | |
| dc.description | RAYMOND OBEID KITILYA VS. COMMISSIONER FOR LANDS, MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENT & TWO OTHERS
COURT OF APPEAL OF TANZANIA
AT DAR ES SALAAM
(Mwambegele, Fikirini and Makungu JJ. A)
CIVIL APPEAL NO. 85 OF 2016
(Appeal from Judgment and Decree of the High Court of Tanzania at Dar es Salaam in land Case No. 69 of 2009 by Kalombola J)
Civil Procedure and Practice – Appeal- Letter requesting documents to the registrar-time limit within which to serve the letter to the respondent?
Civil Procedure and Practice – Appeal- Letter requesting documents to the registrar served out of time-whether the Appellant is entitled to the exemption under Rule 90(3) of the Court of Appeal Rules, 2009?
Civil Procedure and Practice – Appeal- Whether the Court has power to save the time barred appeal under the premise of overriding objectives?
Facts;
The Appellant lost in land dispute instituted at the High Court of Tanzania at Dar es Salaam vide Land Case No. 69 of 2009 over the ownership of land described as Plot No. 220 Block '22' situated at Bunju Area, Kinondoni District within Dar es Salaam City. Aggrieved by the said decision, the Appellant appealed before the Court of Appeal challenging the finding of the High Court. However, the 1st and 2nd Respondents raised two preliminary objections challenging the competency of the appeal on the grounds that the letter requesting proceedings before the Registrar was served to the 1st and 2nd Respondents out of time in contravention with Rule 90(1) of the Court of Appeal Rules, 2009 and that the appeal is time barred contrary to Rule 90(1) and (2) of the Rules.
Held;
1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of Appeal Rules, 2009.
2. We have on several occasions held that failure to copy and serve upon the respondent the written request for a copy of the proceedings disentitles the appellant from relying upon the exemption under Rule 90(3) and that any certificate of delay purportedly issued to grant an exemption in the circumstances would be invalid. The Court reinstated the position stated in the case of D.P. Valambhia v. Transport Equipment Ltd [1992] TLR 246.
3. Issue of time limitation touches on the jurisdiction of the Court and the Court cannot entertain a time barred appeal as the same is not served by the overriding objective for non- compliance of mandatory procedure of lodging an appeal.
Appeal was strike out with costs.
Statutory provision referred to;
1. Court of Appeal Rules, 2009, Rule 90(1),(3)
Case law referred to;
1. D.P. Valambhia v. Transport Equipment Ltd [1992] TLR 246. | en_US |
| dc.description.abstract | Held;
1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of Appeal Rules, 2009.
2. We have on several occasions held that failure to copy and serve upon the respondent the written request for a copy of the proceedings disentitles the appellant from relying upon the exemption under Rule 90(3) and that any certificate of delay purportedly issued to grant an exemption in the circumstances would be invalid. The Court reinstated the position stated in the case of D.P. Valambhia v. Transport Equipment Ltd [1992] TLR 246.
3. Issue of time limitation touches on the jurisdiction of the Court and the Court cannot entertain a time barred appeal as the same is not served by the overriding objective for non- compliance of mandatory procedure of lodging an appeal. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENT AND 2 OTHERS. CIVIL APPEAL NO. 85 OF 2016. | en_US |
| dc.title.alternative | CIVIL APPEAL NO. 85 OF 2016. | en_US |
