dotto lubambi vs balanona vs bulala 2020 tzhc 876 29 may 2020

dotto lubambi vs balanona vs bulala 2020 tzhc 876 29 may 2020

The existence of procedural illegality in the District Land and Housing Tribunal's handling of the appeal, specifically its failure to dismiss the appeal for want of prosecution when the appellant did not file written submissions, vitiated subsequent proceedings and justified quashing all related proceedings and ordering a retrial.

Citation
dotto lubambi vs balanona vs bulala 2020 tzhc 876 29 may 2020
Parties
Appellant: Dotto Lubambi; Respondent: Balanona Bulala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 May 2020
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed; proceedings and judgments quashed; retrial ordered.
Legal Topics
Extension of Time, Illegality as Ground for Extension, Dismissal for Want of Prosecution, Review of Tribunal Decisions
Source Language
English
Land Law Civil Procedure Extension of Time Illegality as Ground for Extension Dismissal for Want of Prosecution Review of Tribunal Decisions

Case Brief

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Parties

Dotto Lubambi

Appellant

Balanona Bulala

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether failure to account for each day of delay justified dismissal of application for review
  2. 2 Whether illegality constitutes sufficient cause for extension of time
  3. 3 Whether negligence of applicant and advocate justified dismissal

Ratio Decidendi

The existence of procedural illegality in the District Land and Housing Tribunal's handling of the appeal, specifically its failure to dismiss the appeal for want of prosecution when the appellant did not file written submissions, vitiated subsequent proceedings and justified quashing all related proceedings and ordering a retrial.

Court Disposition

Appeal allowed; proceedings and judgments quashed; retrial ordered.

Orders

  • All proceedings and judgments/rulings of Mwanza District Land and Housing Tribunal in Miscellaneous Application No. 4 of 2018, Miscellaneous Land Application No. 47C of 2018, and Land Appeal No. 47 of 2015 quashed.
  • Trial judgment and proceedings from 18.5.2015 quashed, except for proceedings in respect of service of summons.