emelitha kambinda vs japhet madenge another 2023 tzhc 22823 21 november 2023

emelitha kambinda vs japhet madenge another 2023 tzhc 22823 21 november 2023

Irregularities in the tribunal proceedings, including failure to resolve framed issues, improper change of chairperson, and non-compliance with assessor requirements, constitute sufficient reason to grant extension of time to appeal.

Citation
emelitha kambinda vs japhet madenge another 2023 tzhc 22823 21 november 2023
Parties
Applicant: Emelitha Kambinda; 1st Respondent: Japhet Madenge; 2nd Respondent: Sumka Mbuba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Illegality as Ground for Extension, Technical Delay, Tribunal Procedure
Source Language
English

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Parties

Emelitha Kambinda

Applicant

Japhet Madenge

1st Respondent

Sumka Mbuba

2nd Respondent

Procedural Posture

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

  1. 1 Whether sufficient reasons exist to grant extension of time to appeal
  2. 2 Whether alleged illegalities in tribunal proceedings justify extension of time

Ratio Decidendi

Irregularities in the tribunal proceedings, including failure to resolve framed issues, improper change of chairperson, and non-compliance with assessor requirements, constitute sufficient reason to grant extension of time to appeal.

Court Disposition

Application allowed

Orders

  • Applicant granted extension of time to file intended appeal within 14 days from the date of this order.
  • No order as to costs.