philipo gawa vs fatu shabani another 2022 tzhclandd 385 31 may 2022

Claim of illegality in the Ward Tribunal's decision constitutes sufficient cause for extension of time; appellant demonstrated good cause warranting grant of appeal.

Citation: philipo gawa vs fatu shabani another 2022 tzhclandd 385 31 may 2022
Parties: Appellant: Philipo Gawa; 1st Respondent: Fatu Shabani; 2nd Respondent: Andrew Kayombo
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 31 May 2022
Procedural Posture: Land Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Extension of Time, Revision, Illegality, Pecuniary Jurisdiction, Right to Be Heard
Source Language: English

Land Law Civil Procedure Extension of Time Revision Illegality Pecuniary Jurisdiction Right to Be Heard

Case Brief

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Parties

Philipo Gawa

Appellant

Fatu Shabani

1st Respondent

Andrew Kayombo

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

1 Whether sufficient cause was shown for extension of time to file revision
2 Whether illegality in the Ward Tribunal's decision constitutes good cause for extension
3 Whether the Ward Tribunal had jurisdiction over the subject matter

Ratio Decidendi

Claim of illegality in the Ward Tribunal's decision constitutes sufficient cause for extension of time; appellant demonstrated good cause warranting grant of appeal.

Court Disposition

appeal allowed

Orders

Decision of District Land and Housing Tribunal set aside
Appellant allowed to file application for revision at District Land and Housing Tribunal