LAND APPEAL 25436 of 2023

LAND APPEAL 25436 of 2023

The existence of apparent illegality or error on the face of the record, specifically regarding the size of the land and the Tribunal's approach to judgment, constitutes good cause and sufficient ground for extension of time to file a review.

Citation
LAND APPEAL 25436 of 2023
Parties
Appellant: Mgaza Makunga; Respondent: Maulid Mapande
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Appeal / Judgment on Appeal Against Refusal to Extend Time for Review
Outcome
Appeal allowed
Legal Topics
Extension of Time, Review of Judgment, Illegality as Ground for Extension, Land Ownership Dispute
Source Language
English
Land Law Civil Procedure Extension of Time Review of Judgment Illegality as Ground for Extension Land Ownership Dispute

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Parties

Mgaza Makunga

Appellant

Maulid Mapande

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal Against Refusal to Extend Time for Review

Legal Issues

  1. 1 Whether the Tribunal erred in refusing to extend time for review on grounds of illegality
  2. 2 Whether clerical or typographical errors regarding land size constitute sufficient cause for extension of time

Ratio Decidendi

The existence of apparent illegality or error on the face of the record, specifically regarding the size of the land and the Tribunal's approach to judgment, constitutes good cause and sufficient ground for extension of time to file a review.

Court Disposition

Appeal allowed

Orders

  • Decision of the Tribunal refusing extension of time is overturned.
  • Appellant is granted fourteen days to present the intended review against the judgment dated 23/04/2013 and decree dated 23/04/2012 (sic).