maria godwin mawa vs bakari mawa 2022 tzhc 10297 31 march 2022

maria godwin mawa vs bakari mawa 2022 tzhc 10297 31 march 2022

There is no specific statutory time limit for filing applications for extension of time; the sixty days rule under Item 21 Part III of the Law of Limitation Act does not apply to such applications. The tribunal erred in dismissing the application as time barred.

Citation
maria godwin mawa vs bakari mawa 2022 tzhc 10297 31 march 2022
Parties
Appellant: Maria Godwin Mawa; Respondent: Bakari Mawa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Extension of Time, Limitation Period, Dismissal for Want of Prosecution
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Dismissal for Want of Prosecution

Case Brief

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Parties

Maria Godwin Mawa

Appellant

Bakari Mawa

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the application for extension of time was time barred

Ratio Decidendi

There is no specific statutory time limit for filing applications for extension of time; the sixty days rule under Item 21 Part III of the Law of Limitation Act does not apply to such applications. The tribunal erred in dismissing the application as time barred.

Court Disposition

appeal allowed

Orders

  • Ruling of the District Land and Housing Tribunal in Misc. Application No. 64 of 2016 set aside
  • Application for extension of time to set aside dismissal order to proceed to be heard on merits