20150825 TZHC Dodoma

20150825 TZHC Dodoma

The application for rehearing was filed out of time, exceeding the thirty-day limitation period, and the Tribunal was correct in dismissing it as time barred. The issue of res judicata could not be entertained as it was not raised at trial. The wrong citation of law was not material as the application was already time barred.

Citation
20150825 TZHC Dodoma
Parties
Appellant: Jeremia Malima; Respondent: Elizabeth Teu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 August 2015
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Ex Parte Orders, Res Judicata, Limitation Period, Wrong Citation of Law
Source Language
English
Land Law Civil Procedure Extension of Time Ex Parte Orders Res Judicata Limitation Period Wrong Citation of Law

Case Brief

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Parties

Jeremia Malima

Appellant

Elizabeth Teu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for rehearing was time barred
  2. 2 Whether the wrong provision of law was cited in the application
  3. 3 Whether the matter was res judicata

Ratio Decidendi

The application for rehearing was filed out of time, exceeding the thirty-day limitation period, and the Tribunal was correct in dismissing it as time barred. The issue of res judicata could not be entertained as it was not raised at trial. The wrong citation of law was not material as the application was already time barred.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent