CIVIL APPEAL NO

The ground of illegality based on lack of jurisdiction was apparent on the face of the record, and the High Court erred by evaluating the merits instead of granting extension of time.

Citation: CIVIL APPEAL NO
Parties: 1st Appellant: Josephat Joseph Mushi; 2nd Appellant: Tanzania Capital Fisheries & Transport Company Limited; 1st Respondent: Tanzania Commercial Bank Plc; 2nd Respondent: TAM BAZA Auction Mart & General Broker Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2022
Procedural Posture: Civil Appeal / Appeal From High Court Decision Refusing Extension of Time
Outcome: Appeal allowed
Legal Topics: Extension of Time, Jurisdiction, Illegality, Consent Judgment
Source Language: English

Civil Procedure Land Law Extension of Time Jurisdiction Illegality Consent Judgment

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Parties

Josephat Joseph Mushi

1st Appellant

Tanzania Capital Fisheries & Transport Company Limited

2nd Appellant

Tanzania Commercial Bank Plc

1st Respondent

TAM BAZA Auction Mart & General Broker Limited

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision Refusing Extension of Time

Legal Issues

1 Whether the High Court correctly exercised discretion in refusing extension of time based on alleged illegality
2 Whether the District Land and Housing Tribunal had jurisdiction to enter consent judgment involving TZS. 360,413,181.55

Ratio Decidendi

The ground of illegality based on lack of jurisdiction was apparent on the face of the record, and the High Court erred by evaluating the merits instead of granting extension of time.

Court Disposition

Appeal allowed

Orders

Decision of the High Court quashed
Appellants granted 45 days to file appeal before the High Court