erasmus barnabas mushi vs amini iddi mushi 2023 tzhc 21485 29 september 2023

erasmus barnabas mushi vs amini iddi mushi 2023 tzhc 21485 29 september 2023

The appeal was dismissed because the alleged illegality was not pleaded in the affidavit supporting the application for extension of time, and parties are bound by their pleadings. The appellant failed to show sufficient cause for the delay, and the Tribunal was correct in dismissing the application.

Citation
erasmus barnabas mushi vs amini iddi mushi 2023 tzhc 21485 29 september 2023
Parties
Appellant: Erasmus Barnabas Mushi; Respondent: Amini Idd Mushi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Land Case Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Restoration of Suit, Pleadings, Illegality as Ground for Extension, Dismissal for Want of Prosecution
Source Language
English
Land Law Civil Procedure Extension of Time Restoration of Suit Pleadings Illegality as Ground for Extension Dismissal for Want of Prosecution

Case Brief

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Parties

Erasmus Barnabas Mushi

Appellant

Amini Idd Mushi

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the trial Tribunal erred in not considering alleged illegality in the ruling of 03.12.2020
  2. 2 Whether illegality not pleaded in the affidavit can be raised as a ground for extension of time on appeal

Ratio Decidendi

The appeal was dismissed because the alleged illegality was not pleaded in the affidavit supporting the application for extension of time, and parties are bound by their pleadings. The appellant failed to show sufficient cause for the delay, and the Tribunal was correct in dismissing the application.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal is dismissed
  • Appellant to pay costs