roda nkaba vs daud ntumiligwa 2023 tzca 17664 27 september 2023
An appellant who obtains extension of time to appeal by establishing existence of an illegality may argue other grounds in addition to illegality, subject to law and the direction of the appeal court; there is no statutory or case law basis for limiting the appeal to illegality alone.
- Citation
- roda nkaba vs daud ntumiligwa 2023 tzca 17664 27 september 2023
- Parties
- Appellant: Roda Nkaba; Respondent: Daud Ntumiligwa
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2023
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment to Court of Appeal
- Outcome
- appeal allowed
- Legal Topics
- Extension of Time, Illegality as Ground for Appeal, Right to Fair Hearing, Scope of Grounds on Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Roda Nkaba
Appellant
Daud Ntumiligwa
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment to Court of Appeal
Legal Issues
- 1 Whether an appellant granted extension of time on ground of illegality is limited to arguing only illegality on appeal
- 2 Whether limiting grounds of appeal to illegality violates right to fair hearing
Ratio Decidendi
An appellant who obtains extension of time to appeal by establishing existence of an illegality may argue other grounds in addition to illegality, subject to law and the direction of the appeal court; there is no statutory or case law basis for limiting the appeal to illegality alone.
Court Disposition
appeal allowed
Orders
- Judgment of the High Court in Land Appeal No. 9 of 2017 quashed
- Orders of the High Court set aside
Full Case Text
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