20161122 TZHC Dodoma

20161122 TZHC Dodoma

The appellant failed to provide documentary evidence proving illness during the relevant period (2011-2013) to justify the delay. The only medical evidence related to 2014, which was insufficient. Therefore, the District Land and Housing Tribunal was correct in refusing the extension of time.

Citation
20161122 TZHC Dodoma
Parties
Appellant: Steven J. Misanga; Respondent: Shabani Mtone
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2016
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Appeals, Sufficient Cause for Delay
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Sufficient Cause for Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Steven J. Misanga

Appellant

Shabani Mtone

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

  1. 1 Whether the appellant advanced sufficient cause for extension of time to appeal against the Ward Tribunal decision

Ratio Decidendi

The appellant failed to provide documentary evidence proving illness during the relevant period (2011-2013) to justify the delay. The only medical evidence related to 2014, which was insufficient. Therefore, the District Land and Housing Tribunal was correct in refusing the extension of time.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs