issa juma vs mohamed abdulkarim shakur 2022 tzhclandd 104 28 february 2022

issa juma vs mohamed abdulkarim shakur 2022 tzhclandd 104 28 february 2022

The existence of an apparent irregularity regarding the power of attorney on the face of the record constitutes sufficient reason to allow extension of time to appeal; the trial tribunal erred by dismissing the application without addressing this apparent illegality.

Source-derived case information.

Citation
issa juma vs mohamed abdulkarim shakur 2022 tzhclandd 104 28 february 2022
Parties
Appellant: Issa Juma; Respondent: Mohamed Abdulkarim Shakur
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 February 2022
Procedural Posture
Land Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Extension of Time, Illegality as Ground for Extension, Right to Be Heard, Locus Standi
Source Language
english
Land Law Civil Procedure Extension of Time Illegality as Ground for Extension Right to Be Heard Locus Standi

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Summary, issues, holding and outcome

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Parties

Issa Juma

Appellant

Mohamed Abdulkarim Shakur

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the existence of alleged illegalities and irregularities in the Ward Tribunal's decision constitutes sufficient reason for extension of time to appeal
  2. 2 Whether the District Land and Housing Tribunal erred in dismissing the application for extension of time

Ratio Decidendi

The existence of an apparent irregularity regarding the power of attorney on the face of the record constitutes sufficient reason to allow extension of time to appeal; the trial tribunal erred by dismissing the application without addressing this apparent illegality.

Court Disposition

Appeal allowed

Orders

  • No order as to costs