emmanuel mdeka vs ephraim mbenja and others 2020 tzhc 1915 30 july 2020

emmanuel mdeka vs ephraim mbenja and others 2020 tzhc 1915 30 july 2020

Extension of time was granted solely on the ground of illegality apparent on the face of the tribunal's decision, specifically the lack of effective participation of assessors, which is a mandatory legal requirement and vitiates the proceedings.

Citation
emmanuel mdeka vs ephraim mbenja and others 2020 tzhc 1915 30 july 2020
Parties
Applicant: Emmanuel M Deka; Respondent: Ephraim M Benja; Respondent: Faida M Benja; Respondent: Sadi M Waifwani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension, Computation of Limitation Period
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Illegality as Ground for Extension Computation of Limitation Period

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Parties

Emmanuel M Deka

Applicant

Ephraim M Benja

Respondent

Faida M Benja

Respondent

Sadi M Waifwani

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal
  2. 2 Whether delay was caused by the tribunal or applicant's own conduct
  3. 3 Whether technical delay applies when initial appeal was time-barred

Ratio Decidendi

Extension of time was granted solely on the ground of illegality apparent on the face of the tribunal's decision, specifically the lack of effective participation of assessors, which is a mandatory legal requirement and vitiates the proceedings.

Court Disposition

Application granted

Orders

  • Applicant to lodge appeal within 14 days from the date of the ruling