Daniel Nada Gobre and Another v Pius Barnabas Etlawe

Daniel Nada Gobre and Another v Pius Barnabas Etlawe

A prima facie case of illegality has been established, justifying the extension of time for the applicants to lodge their appeal.

Citation
Daniel Nada Gobre and Another v Pius Barnabas Etlawe
Parties
Applicant: Daniel Nada Gobre; Applicant: Samwel Nada Gobre; Respondent: Pius Barnabas Etlawe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 May 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Res Judicata, Misjoinder of Parties, Illegality in Proceedings
Source Language
English
Land Law Civil Procedure Extension of Time Res Judicata Misjoinder of Parties Illegality in Proceedings

Case Brief

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Parties

Daniel Nada Gobre

Applicant

Samwel Nada Gobre

Applicant

Pius Barnabas Etlawe

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicants were necessary parties in the original tribunal case
  2. 2 Whether there is illegality justifying extension of time to appeal
  3. 3 Whether the plea of res judicata applies

Ratio Decidendi

A prima facie case of illegality has been established, justifying the extension of time for the applicants to lodge their appeal.

Court Disposition

Application granted

Orders

  • Applicants to lodge their petition within forty-five days from the date of the ruling
  • Each party to bear its own costs