loningo lukumai vs valerianmartine another 2023 tzhc 23349 11 december 2023

loningo lukumai vs valerianmartine another 2023 tzhc 23349 11 december 2023

The applicant demonstrated persistence in pursuing his rights and accounted for the 35-day delay after the last application was struck out, which was reasonable given the need to engage a new advocate. The issue of lack of assessors' opinion in the tribunal proceedings constitutes an illegality apparent on the face of the record and justifies extension of time.

Citation
loningo lukumai vs valerianmartine another 2023 tzhc 23349 11 december 2023
Parties
Applicant: Loning'o Lukumai; 1st Respondent: Valerian Martine; 2nd Respondent: Dachi Lukindo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Illegality as Ground for Extension, Right to Be Heard, Tribunal Procedure
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Illegality as Ground for Extension Right to Be Heard Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Loning'o Lukumai

Applicant

Valerian Martine

1st Respondent

Dachi Lukindo

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to file an appeal out of time
  2. 2 Whether alleged irregularities and illegality in tribunal proceedings justify extension of time

Ratio Decidendi

The applicant demonstrated persistence in pursuing his rights and accounted for the 35-day delay after the last application was struck out, which was reasonable given the need to engage a new advocate. The issue of lack of assessors' opinion in the tribunal proceedings constitutes an illegality apparent on the face of the record and justifies extension of time.

Court Disposition

Application granted

Orders

  • Applicant allowed to file appeal within 21 days from the date of the ruling
  • No order as to costs