doroth massawe vs paul zacharia 2018 tzhclandd 500 10 august 2018

The appeal was dismissed as incompetent because the appellant failed to obtain an extension of time to file the appeal, making the appeal premature and not properly before the court.

Citation: doroth massawe vs paul zacharia 2018 tzhclandd 500 10 august 2018
Parties: Appellant: Doroth Massawe; Respondent: Paul Zacharia
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 10 August 2018
Procedural Posture: Miscellaneous Land Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Extension of Time, Stay of Execution, Pecuniary Jurisdiction, Breach of Contract, Lease Agreements
Source Language: English

Land Law Civil Procedure Extension of Time Stay of Execution Pecuniary Jurisdiction Breach of Contract Lease Agreements

Case Brief

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Parties

Doroth Massawe

Appellant

Paul Zacharia

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Land and Housing Tribunal erred in refusing extension of time to appeal out of time
2 Whether the Ward Tribunal had pecuniary jurisdiction
3 Whether the award of Tshs. 33,449,986/= was justified

Ratio Decidendi

The appeal was dismissed as incompetent because the appellant failed to obtain an extension of time to file the appeal, making the appeal premature and not properly before the court.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs
Decisions of lower tribunals upheld