festo mbombe mhehe vs edward ntikule 2022 tzhc 278 28 february 2022

festo mbombe mhehe vs edward ntikule 2022 tzhc 278 28 february 2022

The existence of illegality in the lower tribunal's decision, specifically the dismissal of an incompetent appeal instead of striking it out, constitutes sufficient ground for extension of time to appeal, warranting the grant of the application.

Source-derived case information.

Citation
festo mbombe mhehe vs edward ntikule 2022 tzhc 278 28 february 2022
Parties
Applicant: Festo Mbombe Mhehe; Respondent: Edward Ntikule
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application allowed
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension, Jurisdictional Errors
Source Language
english
Land Law Civil Procedure Extension of Time Appeals Illegality as Ground for Extension Jurisdictional Errors

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Parties

Festo Mbombe Mhehe

Applicant

Edward Ntikule

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 appeal out of time
  2. 2 Whether illegality in the lower tribunal's decision constitutes sufficient ground for extension of time

Ratio Decidendi

The existence of illegality in the lower tribunal's decision, specifically the dismissal of an incompetent appeal instead of striking it out, constitutes sufficient ground for extension of time to appeal, warranting the grant of the application.

Court Disposition

Application allowed

Orders

  • Applicant granted 60 days from the date of ruling to file appeal in this Court
  • Each party to bear its own costs