maria kihamba vs elias mohabe 2021 tzhc 5925 31 august 2021

maria kihamba vs elias mohabe 2021 tzhc 5925 31 august 2021

The appellant only delayed for two days in filing her appeal, which she satisfactorily accounted for by providing evidence of illness. The law requires accounting for each day of delay after the expiration of the prescribed period, not for days within the allowed time. The refusal by the District Land and Housing Tribunal to grant extension was therefore erroneous.

Citation
maria kihamba vs elias mohabe 2021 tzhc 5925 31 august 2021
Parties
Appellant: Maria Kihamba; Respondent: Elias Mohabe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2021
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
Appeal allowed
Legal Topics
Extension of Time, Limitation Period, Appeals Process
Source Language
English
Land Law Civil Procedure Extension of Time Limitation Period Appeals Process

Case Brief

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Parties

Maria Kihamba

Appellant

Elias Mohabe

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

  1. 1 Whether the appellant sufficiently accounted for the delay in filing her appeal beyond the prescribed limitation period
  2. 2 Whether the District Land and Housing Tribunal erred in refusing extension of time

Ratio Decidendi

The appellant only delayed for two days in filing her appeal, which she satisfactorily accounted for by providing evidence of illness. The law requires accounting for each day of delay after the expiration of the prescribed period, not for days within the allowed time. The refusal by the District Land and Housing Tribunal to grant extension was therefore erroneous.

Court Disposition

Appeal allowed

Orders

  • Appellant granted 45 days to file her appeal at the District Land and Housing Tribunal against the decision of Ketare Ward Tribunal.
  • The appeal to be determined by a different chairperson and a new set of assessors.