SAMWELI NGAIDA TANZLII

SAMWELI NGAIDA TANZLII

Apparent illegalities in DLHT proceedings, including failure to issue hearing notice, denial of right to be heard, lack of notice of judgment delivery, and non-involvement of assessors, constitute sufficient grounds for extension of time to appeal.

Citation
SAMWELI NGAIDA TANZLII
Parties
Applicant: Samwel Ng'aida; Respondent: Hando Bei
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Proceedings, Right to Be Heard, Involvement of Assessors, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Ex Parte Proceedings Right to Be Heard Involvement of Assessors Illegality as Ground for Extension

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Parties

Samwel Ng'aida

Applicant

Hando Bei

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant was condemned unheard in Land Appeal No. 270 of 2018
  2. 2 Whether failure to issue hearing notice and notice of judgment delivery constituted illegality
  3. 3 Whether assessors were involved in the decision-making process

Ratio Decidendi

Apparent illegalities in DLHT proceedings, including failure to issue hearing notice, denial of right to be heard, lack of notice of judgment delivery, and non-involvement of assessors, constitute sufficient grounds for extension of time to appeal.

Court Disposition

Application granted

Orders

  • Applicant given 30 days after delivery of ruling to file intended appeal
  • No order as to costs