adela kassian vs barnabas chanai 2021 tzhclandd 6762 25 november 2021

The appeal was filed out of time without leave of the court, and was improperly instituted as a Land Appeal instead of a Misc. Land Appeal, rendering it incompetent.

Citation: adela kassian vs barnabas chanai 2021 tzhclandd 6762 25 november 2021
Parties: Appellant: Adela Kassian; Respondent: Barnabas Chanai
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 25 November 2021
Procedural Posture: Land Appeal / Judgment on Appeal From District Land and Housing Tribunal, With Preliminary Objection on Competence
Outcome: Appeal struck out
Legal Topics: Extension of Time, Appeal Procedure, Jurisdiction, Tribunal Procedure
Source Language: English

Land Law Civil Procedure Extension of Time Appeal Procedure Jurisdiction Tribunal Procedure

Case Brief

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Parties

Adela Kassian

Appellant

Barnabas Chanai

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal, With Preliminary Objection on Competence

Legal Issues

1 Whether the appeal was filed within the time allowed by the court
2 Whether the appeal was properly instituted as a Land Appeal instead of Misc. Land Appeal

Ratio Decidendi

The appeal was filed out of time without leave of the court, and was improperly instituted as a Land Appeal instead of a Misc. Land Appeal, rendering it incompetent.

Court Disposition

Appeal struck out

Orders

Appeal struck out as incompetent
No order as to costs