joseph chanilanga two others vs athanas kunbert mangasongo 2022 tzhc 14127 25 october 2022

joseph chanilanga two others vs athanas kunbert mangasongo 2022 tzhc 14127 25 october 2022

The appellants failed to provide good and sufficient cause for the delay in filing their appeal, as required by law. The District Land and Housing Tribunal properly exercised its discretion in dismissing the application for extension of time, having considered all relevant factors and arguments. There was no denial of the right to be heard, and the ex parte nature of the original proceedings was not a valid ground at this stage.

Citation
joseph chanilanga two others vs athanas kunbert mangasongo 2022 tzhc 14127 25 october 2022
Parties
Appellant: Joseph Chanilanga; Appellant: Shabani Masudi; Appellant: Filibeti Nyagali; Respondent: Athanas Kun Bert Mangasongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2022
Procedural Posture
Land Appeal / Judgment on Appeal From Dismissal of Application for Extension of Time
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Right to Be Heard, Ex Parte Proceedings, Land Ownership, Natural Justice
Source Language
English
Land Law Civil Procedure Extension of Time Right to Be Heard Ex Parte Proceedings Land Ownership Natural Justice

Case Brief

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Parties

Joseph Chanilanga

Appellant

Shabani Masudi

Appellant

Filibeti Nyagali

Appellant

Athanas Kun Bert Mangasongo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in declining extension of time to appeal against the Ward Tribunal decision
  2. 2 Whether the appellants were denied the right to be heard
  3. 3 Whether ex parte proceedings at the Ward Tribunal justified extension of time

Ratio Decidendi

The appellants failed to provide good and sufficient cause for the delay in filing their appeal, as required by law. The District Land and Housing Tribunal properly exercised its discretion in dismissing the application for extension of time, having considered all relevant factors and arguments. There was no denial of the right to be heard, and the ex parte nature of the original proceedings was not a valid ground at this stage.

Court Disposition

Appeal dismissed