rabieth mpembeni another vs bonitha mlyelye 2022 tzhc 15054 5 december 2022

rabieth mpembeni another vs bonitha mlyelye 2022 tzhc 15054 5 december 2022

The applicants established good cause for extension of time based on the apparent illegality in the District Land and Housing Tribunal proceedings, specifically the improper participation of assessors, which vitiated the trial. This illegality is sufficient to grant the extension sought, regardless of other grounds.

Citation
rabieth mpembeni another vs bonitha mlyelye 2022 tzhc 15054 5 december 2022
Parties
Applicant: Rabieth S/O Mpembeni; Applicant: Nipaneema D/O Msemo; Respondent: Bonitha D/O Mlyelye
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Notice of Appeal, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Notice of Appeal Illegality as Ground for Extension

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Parties

Rabieth S/O Mpembeni

Applicant

Nipaneema D/O Msemo

Applicant

Bonitha D/O Mlyelye

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to file notice of appeal and application for leave to appeal to the Court of Appeal of Tanzania

Ratio Decidendi

The applicants established good cause for extension of time based on the apparent illegality in the District Land and Housing Tribunal proceedings, specifically the improper participation of assessors, which vitiated the trial. This illegality is sufficient to grant the extension sought, regardless of other grounds.

Court Disposition

Application granted

Orders

  • Extension of time granted for filing notice of appeal within 30 days from the date of ruling.
  • Extension of time granted for filing application for leave to appeal to the Court of Appeal of Tanzania within the prescribed time after filing notice of appeal.