20111207 TZHC Dodoma

The applications for extension of time were incompetent as they were brought under the wrong legal provision; consequently, there was no competent appeal before the court.

Citation: 20111207 TZHC Dodoma
Parties: Appellant: Clement Tonola; Respondent: Solomon Kephason
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 December 2011
Procedural Posture: Land Appeal / Ruling on Competence of Appeal
Outcome: appeal dismissed
Legal Topics: Extension of Time, Jurisdiction, Appellate Procedure, Ward Tribunal Proceedings
Source Language: English

Land Law Civil Procedure Extension of Time Jurisdiction Appellate Procedure Ward Tribunal Proceedings

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Parties

Clement Tonola

Appellant

Solomon Kephason

Respondent

Procedural Posture

Land Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the applications for extension of time to appeal were properly before the District Land and Housing Tribunal
2 Whether the Law of Limitation Act (Cap 89) applies to appeals from Ward Tribunals
3 Whether there is a competent appeal before the High Court

Ratio Decidendi

The applications for extension of time were incompetent as they were brought under the wrong legal provision; consequently, there was no competent appeal before the court.

Court Disposition

appeal dismissed

Orders

The applications/appeals are dismissed with costs for being incompetent.