sadik vs matimbwa 2006 tzhc 11 2 march 2006

sadik vs matimbwa 2006 tzhc 11 2 march 2006

The Housing Appeals Tribunal lacks jurisdiction to extend time for lodging notice of appeal as neither the Rules nor the Civil Procedure Code provide such power; failure to cite a specific provision is fatal to the application.

Source-derived case information.

Citation
sadik vs matimbwa 2006 tzhc 11 2 march 2006
Parties
Appellant: P.T. Mkwandi; Respondent: Mwazanije Hussein Matwimba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 March 2006
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Right to Be Heard, Jurisdiction, Notice of Appeal
Source Language
english
Housing Law Civil Procedure Extension of Time Right to Be Heard Jurisdiction Notice of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

P.T. Mkwandi

Appellant

Mwazanije Hussein Matwimba

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Housing Appeals Tribunal has jurisdiction to extend time for lodging notice of appeal
  2. 2 Applicability of Civil Procedure Code to extension of time for notice of appeal
  3. 3 Right to be heard and constitutional right of appeal

Ratio Decidendi

The Housing Appeals Tribunal lacks jurisdiction to extend time for lodging notice of appeal as neither the Rules nor the Civil Procedure Code provide such power; failure to cite a specific provision is fatal to the application.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs