msigwa sezoya rukazagala vs yoshuwa sehoma sekishahu 2021 tzhc 7158 16 november 2021
The applicant was not notified of the judgment date and only became aware at the execution stage, constituting illegality justifying extension of time.
Source-derived case information.
- Citation
- msigwa sezoya rukazagala vs yoshuwa sehoma sekishahu 2021 tzhc 7158 16 november 2021
- Parties
- Applicant: Msigwa Sezoya Rukazagala; Respondent: Yoshuwa Sehoma Sekishahu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 November 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Service of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Msigwa Sezoya Rukazagala
Applicant
Yoshuwa Sehoma Sekishahu
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to extension of time to file an appeal against the decision of the District Land and Housing Tribunal
Ratio Decidendi
The applicant was not notified of the judgment date and only became aware at the execution stage, constituting illegality justifying extension of time.
Court Disposition
Application granted
Orders
- Time extended by two weeks for applicant to file appeal
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF KIGOMA) AT KIGOMA (APPELLATE JURISDICTION) MISC. LAND APPLICATION NO. 39 OF 2021 (Arising from Land Application No. 139/2017 of District Land and Housing Tribunal Kigoma, before Hon. F. Chinuku - Chairperson) MSIGWA SEZOYA RUKAZAGALA............................................. APPLICANT VERSUS YOSHUWA SEHOMA SEKISHAHU............................................ RESPONDENT RULING 16/11/2021 & 16/11/2021 L.M. MLACHA, J. Acting through the services of Mr. Silvester Damas Sogomba of Damas and Associates Advocates of Kigoma, the applicant, Msigwa Sezoya Rukazagala filed an application under section 38 (1) of the Land Disputes Courts Act, Cap 216 R.E. 2019 seeking extension of time within which to lodge an appeal to this court against the decision of the District Land and Housing Tribunal (the DLHT) made in Land Appeal No. 139 of 2017. The respondent, Joshuwa Sehoma Sekishahu was duly served and entered an appearance before me on 4/10/2021. He was ordered to file a counter affidavit by 13/10/2021. The matter was then put for hearing on 19/10/2021. He could not be seen in court on 19/10/2021 or file the counter affidavit. He is also not present in court today. i Mr. Silvester has asked the court to proceed exparte. In view of the background, the court allowed the application to be heard exparte. I have heard Mr. Silvester. It is apparent from the pleadings and submissions made that the applicant was a party in Land Appeal No. 139/2017 but was not aware of the date of the judgement. It was decided on 1/10/2020 in his absence. He could not be notified. He got the reports on 4/5/2021 at the execution stage. In view of this clear illegality on the face of the record, time is extended within which applicant can file an appeal of this court. I give him an additional period of two (2) weeks to lodge the appeal. It is ordered so. I make no order for costs. Court: Ruling delivered in chamber in the presence of the applicant and