adelick faustin vs jolum simba 2018 tzhc 2675 14 september 2018

adelick faustin vs jolum simba 2018 tzhc 2675 14 september 2018

The appellant failed to establish sufficient cause for the delay in filing the appeal, did not account for the period of delay, and inconsistently explained the reasons for delay. The non-joinder of the vendor was not fatal as the appellant chose whom to sue and could have called the vendor as a witness. The appeal lacked merit and was dismissed with costs.

Citation
adelick faustin vs jolum simba 2018 tzhc 2675 14 september 2018
Parties
Appellant: Adeliki Faustin; Respondent: Jolamu Simba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2018
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, Sufficient Cause, Joinder of Parties, Appeal Procedure
Source Language
English
Land Law Civil Procedure Extension of Time Sufficient Cause Joinder of Parties Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Adeliki Faustin

Appellant

Jolamu Simba

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant established sufficient cause for extension of time to appeal
  2. 2 Whether non-joinder of the vendor was fatal to the original proceedings

Ratio Decidendi

The appellant failed to establish sufficient cause for the delay in filing the appeal, did not account for the period of delay, and inconsistently explained the reasons for delay. The non-joinder of the vendor was not fatal as the appellant chose whom to sue and could have called the vendor as a witness. The appeal lacked merit and was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent