adam sadik vs mwanzanije matimbwa 2006 tzhc 100 2 march 2006

adam sadik vs mwanzanije matimbwa 2006 tzhc 100 2 march 2006

The Housing Appeals Tribunal lacks jurisdiction to extend time for filing a notice of appeal as its rules do not confer such power, and the Civil Procedure Code does not provide for such extension nor was any specific provision cited; therefore, the appeal is dismissed.

Citation
adam sadik vs mwanzanije matimbwa 2006 tzhc 100 2 march 2006
Parties
Appellant: Adam Sadik; Respondent: Mwanzanije Matimbwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2006
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Jurisdiction of Tribunals, Right to Be Heard, Notice of Appeal
Source Language
English
Civil Procedure Housing Law Extension of Time Jurisdiction of Tribunals Right to Be Heard Notice of Appeal

Case Brief

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Parties

Adam Sadik

Appellant

Mwanzanije Matimbwa

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Housing Appeals Tribunal has jurisdiction to extend time for filing a notice of appeal
  2. 2 Whether the Civil Procedure Code applies to extension of time for filing notice of appeal before the Housing Appeals Tribunal
  3. 3 Whether failure to cite specific legal provisions is fatal to an application for extension of time

Ratio Decidendi

The Housing Appeals Tribunal lacks jurisdiction to extend time for filing a notice of appeal as its rules do not confer such power, and the Civil Procedure Code does not provide for such extension nor was any specific provision cited; therefore, the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed in its entirety
  • Costs awarded to the respondent