boay amsi vs faustin dahaye 2023 tzhc 21291 29 september 2023

boay amsi vs faustin dahaye 2023 tzhc 21291 29 september 2023

The appellant failed to provide sufficient and proven reasons for the delay, did not account for each day of the delay, and did not substantiate the claim of sickness. The alleged illegalities were either not apparent on the face of the record or did not vitiate the proceedings. Extension of time is not automatic upon pleading illegality; the applicant must also demonstrate diligence. The District Land and Housing Tribunal correctly dismissed the application for extension of time.

Citation
boay amsi vs faustin dahaye 2023 tzhc 21291 29 september 2023
Parties
Appellant: Boay Amsi; Respondent: Faustin Dahaye
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Jurisdiction of Tribunals, Procedural Irregularities, Illegality as Ground for Extension, Quorum of Tribunal, Appellate Jurisdiction
Source Language
English
Land Law Civil Procedure Extension of Time Jurisdiction of Tribunals Procedural Irregularities Illegality as Ground for Extension Quorum of Tribunal Appellate Jurisdiction

Case Brief

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Parties

Boay Amsi

Appellant

Faustin Dahaye

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant demonstrated sufficient cause for extension of time to file revision application
  2. 2 Whether alleged illegalities and procedural irregularities warranted extension of time
  3. 3 Whether sickness was a valid and proven reason for delay

Ratio Decidendi

The appellant failed to provide sufficient and proven reasons for the delay, did not account for each day of the delay, and did not substantiate the claim of sickness. The alleged illegalities were either not apparent on the face of the record or did not vitiate the proceedings. Extension of time is not automatic upon pleading illegality; the applicant must also demonstrate diligence. The District Land and Housing Tribunal correctly dismissed the application for extension of time.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs