20060302 TZHC Dr es Salaam

20060302 TZHC Dr es Salaam

The Housing Appeals Tribunal has no jurisdiction under its rules to extend the time for lodging a notice of appeal, and the Civil Procedure Code does not provide for such extension nor was it properly invoked. Therefore, the Tribunal's refusal to grant extension was correct.

Citation
20060302 TZHC Dr es Salaam
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
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 notice of appeal before the Housing Appeals Tribunal

Ratio Decidendi

The Housing Appeals Tribunal has no jurisdiction under its rules to extend the time for lodging a notice of appeal, and the Civil Procedure Code does not provide for such extension nor was it properly invoked. Therefore, the Tribunal's refusal to grant extension was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs