joseph masanja vs clemensia joseph 2021 tzhc 3118 30 april 2021
The tribunal erred by dismissing the application based on the applicant's affidavit without addressing the preliminary objection raised against the respondent's counter affidavit, resulting in miscarriage of justice.
Source-derived case information.
- Citation
- joseph masanja vs clemensia joseph 2021 tzhc 3118 30 april 2021
- Parties
- Appellant: Joseph Masanja; Respondent: Clemensia Joseph
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2021
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Extension of Time, Affidavit Defects, Preliminary Objection
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Masanja
Appellant
Clemensia Joseph
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the tribunal erred in dismissing the application based on the applicant's affidavit instead of addressing the preliminary objection against the respondent's counter affidavit
- 2 Whether the applicant was denied an opportunity to defend his application for extension of time
Ratio Decidendi
The tribunal erred by dismissing the application based on the applicant's affidavit without addressing the preliminary objection raised against the respondent's counter affidavit, resulting in miscarriage of justice.
Court Disposition
appeal allowed
Orders
- Proceedings dated 20/8/2019 quashed
- Resultant order set aside
Full Case Text
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