20160519 TZHC Dodoma
The district tribunal erred by dismissing the application for extension of time as time barred without affording parties the right to be heard; an application for extension of time cannot be time barred as it seeks to remedy lateness.
- Citation
- 20160519 TZHC Dodoma
- Parties
- Appellant: Ernest Mchali; Respondent: Dilia Mpali
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 May 2016
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Extension of Time, Natural Justice, Dismissal Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ernest Mchali
Appellant
Dilia Mpali
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the district tribunal erred by dismissing the application for extension of time as time barred
- 2 Whether the tribunal failed to afford parties the right to be heard
Ratio Decidendi
The district tribunal erred by dismissing the application for extension of time as time barred without affording parties the right to be heard; an application for extension of time cannot be time barred as it seeks to remedy lateness.
Court Disposition
appeal allowed
Orders
- District tribunal's order dismissing Misc. Application No. 140 of 2014 is set aside
- Application to be heard on merit before a different Chairman of the tribunal
Full Case Text
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