20180207 TZCA Dar es Salaam

20180207 TZCA Dar es Salaam

Applicant demonstrated sufficient cause for delay, as he was not negligent and delay was due to late provision of judgment copy by the tribunal. The correct statutory provision is section 38(1) of the Land Disputes Courts Act, allowing 60 days for appeal since the matter originated in the ward tribunal.

Citation
20180207 TZCA Dar es Salaam
Parties
Applicant: Nasibu Juma; Respondent: Hamisi Abdallah
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 February 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Appeals, Limitation of Actions
Source Language
English
Land Law Civil Procedure Extension of Time Appeals Limitation of Actions

Case Brief

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Parties

Nasibu Juma

Applicant

Hamisi Abdallah

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has adduced sufficient reasons for extension of time to appeal
  2. 2 Which statutory provision governs the time limit for appeal in this context

Ratio Decidendi

Applicant demonstrated sufficient cause for delay, as he was not negligent and delay was due to late provision of judgment copy by the tribunal. The correct statutory provision is section 38(1) of the Land Disputes Courts Act, allowing 60 days for appeal since the matter originated in the ward tribunal.

Court Disposition

Application granted

Orders

  • Extension of time to appeal granted
  • Applicant to file appeal within 14 days from date of ruling