azili dalili vs shakur khalid 2023 tzca 17943 13 december 2023

azili dalili vs shakur khalid 2023 tzca 17943 13 december 2023

The appellant failed to establish sufficient cause for delay as he did not account for each day of delay or provide credible evidence of illness. The alleged illegality regarding the composition of the DLHT was unfounded because the law permits proceedings to continue with one assessor if the other is absent. The High Court's refusal to grant extension of time was justified.

Citation
azili dalili vs shakur khalid 2023 tzca 17943 13 december 2023
Parties
Appellant: Azilidalili; Respondent: Shakur Khalid
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2023
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Extension of Time, Illegality in Proceedings, Composition of Tribunal, Role of Assessors, Appeal Process
Source Language
English
Civil Procedure Land Law Extension of Time Illegality in Proceedings Composition of Tribunal Role of Assessors Appeal Process

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Azilidalili

Appellant

Shakur Khalid

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to appeal
  2. 2 Whether alleged illegalities in the DLHT proceedings warranted extension of time
  3. 3 Whether the DLHT was properly constituted with assessors as required by law

Ratio Decidendi

The appellant failed to establish sufficient cause for delay as he did not account for each day of delay or provide credible evidence of illness. The alleged illegality regarding the composition of the DLHT was unfounded because the law permits proceedings to continue with one assessor if the other is absent. The High Court's refusal to grant extension of time was justified.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.