nehemia stephen kekeza vs adam salum libunda and 16 others 2021 tzhclandd 6677 22 november 2021

nehemia stephen kekeza vs adam salum libunda and 16 others 2021 tzhclandd 6677 22 november 2021

The applicant demonstrated sufficient cause for extension of time based on the presence of alleged illegalities of sufficient importance in the tribunal's decision, even though technical delay was not fully accounted for; the court exercised its discretion to grant extension to allow the applicant to challenge the decision.

Citation
nehemia stephen kekeza vs adam salum libunda and 16 others 2021 tzhclandd 6677 22 november 2021
Parties
Applicant: Nehemia Stephen Kekeza; 1st Respondent: Adam Salum Libunda; 2nd Respondent: Raymond Gilbert Uronu; 3rd Respondent: Maria Melkior Eksaver; 4th Respondent: Zelda Paul Bakama; 5th Respondent: Sostenes Karumuna; 6th Respondent: Albert John Peter; 7th Respondent: Tausi Shaban Kisenga; 8th Respondent: Samoye Said Kambona; 9th Respondent: Fredy Owino Ogunde; 10th Respondent: Siwema Abibu; 11th Respondent: Miraj Mohamed Lisongole; 12th Respondent: Stela Leonard Bashange; 13th Respondent: Elikila A. Mwanga; 14th Respondent: Edward Potdas Ponsian; 15th Respondent: Ramadhan Joshwa Sultan; 16th Respondent: Jaida Adam Mtabazi; 17th Respondent: Khalifa Abdul Kinasha
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 November 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Illegality as Ground for Extension, Technical Delay, Locus Standi, Right to Be Heard
Source Language
English
Land Law Civil Procedure Extension of Time Illegality as Ground for Extension Technical Delay Locus Standi Right to Be Heard

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Parties

Nehemia Stephen Kekeza

Applicant

Adam Salum Libunda

1st Respondent

Raymond Gilbert Uronu

2nd Respondent

Maria Melkior Eksaver

3rd Respondent

Zelda Paul Bakama

4th Respondent

Sostenes Karumuna

5th Respondent

Albert John Peter

6th Respondent

Tausi Shaban Kisenga

7th Respondent

Samoye Said Kambona

8th Respondent

Fredy Owino Ogunde

9th Respondent

Siwema Abibu

10th Respondent

Miraj Mohamed Lisongole

11th Respondent

Stela Leonard Bashange

12th Respondent

Elikila A. Mwanga

13th Respondent

Edward Potdas Ponsian

14th Respondent

Ramadhan Joshwa Sultan

15th Respondent

Jaida Adam Mtabazi

16th Respondent

Khalifa Abdul Kinasha

17th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an appeal out of time
  2. 2 Whether technical delay and alleged illegalities justify extension of time

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time based on the presence of alleged illegalities of sufficient importance in the tribunal's decision, even though technical delay was not fully accounted for; the court exercised its discretion to grant extension to allow the applicant to challenge the decision.

Court Disposition

Application granted

Orders

  • Applicant granted 30 days to file appeal out of time against the District Land and Housing Tribunal Judgment and Decree in Land Application No.171 of 2013 and 309 of 2015