20141003 TZHC Iringa2
The application was dismissed because it was filed under the wrong provision of the law, as Section 38(1) does not apply to decisions of the District Land and Housing Tribunal made in its original jurisdiction.
- Citation
- 20141003 TZHC Iringa2
- Parties
- Applicant: Rafael John Mchilo; Respondent: Thomaso Rafael Mgimba; Respondent: Malumbo Msigwa; Respondent: Joseph Mwinuka
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 October 2014
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Jurisdiction, Wrong Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rafael John Mchilo
Applicant
Thomaso Rafael Mgimba
Respondent
Malumbo Msigwa
Respondent
Joseph Mwinuka
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the High Court can grant extension of time to appeal from a decision of the District Land and Housing Tribunal made in its original jurisdiction under Section 38(1) of the Land Disputes Courts Act, Cap. 216
- 2 Whether the application was filed under the correct provision of the law
Ratio Decidendi
The application was dismissed because it was filed under the wrong provision of the law, as Section 38(1) does not apply to decisions of the District Land and Housing Tribunal made in its original jurisdiction.
Court Disposition
Application dismissed
Orders
- Application dismissed with costs
Full Case Text
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