serikali ya kijiji cha mwamanyili and 6 others vs josia magumba shuli 2021 tzhc 6054 23 august 2021
The appeal was filed out of time without leave of the court; since the respondent did not object and the solicitor provided reasons, the court struck out the matter as time barred and granted extension for refiling.
Source-derived case information.
- Citation
- serikali ya kijiji cha mwamanyili and 6 others vs josia magumba shuli 2021 tzhc 6054 23 august 2021
- Parties
- Appellant: Serikali ya Kijiji cha Mwamanyili; Appellant: Lucas Lugombola Kalele; Appellant: Venas Senso; Appellant: Renatus Maige; Appellant: Masalu Mashauri; Appellant: Mashaka Mashauri; Appellant: Vita Ndelema; Respondent: Josia Magumba Shuli
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 August 2021
- Procedural Posture
- Land Appeal / Ruling on Extension of Time
- Outcome
- struck out as time barred; extension of time granted
- Legal Topics
- Extension of Time, Appeal Procedure, Time Bar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serikali ya Kijiji cha Mwamanyili
Appellant
Lucas Lugombola Kalele
Appellant
Venas Senso
Appellant
Renatus Maige
Appellant
Masalu Mashauri
Appellant
Mashaka Mashauri
Appellant
Vita Ndelema
Appellant
Josia Magumba Shuli
Respondent
Procedural Posture
Land Appeal / Ruling on Extension of Time
Legal Issues
- 1 Whether the appeal was filed within the prescribed time limit
- 2 Whether extension of time should be granted
Ratio Decidendi
The appeal was filed out of time without leave of the court; since the respondent did not object and the solicitor provided reasons, the court struck out the matter as time barred and granted extension for refiling.
Court Disposition
struck out as time barred; extension of time granted
Orders
- Appeal struck out for being time barred
- Extension of time granted for appellants to lodge appeal within 30 days from the date of ruling
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE DISTRICT REGISTRY OF SHINYANGA AT SHINYANGA LAN D APPEAL NO. 35 OF 2021 (Arising from Maswa District Land and Housing Tribunal in Land Application No.56 of 2014) SERIKALI YA KIJIJI CHA MWAMANYILI .......•........•• 1 ST APPELLANT LUCAS LUGOMBOLA KALELE .••......•••....•....•.........•.. 2ND APPELLANT VENAS SENSO ................................••.....••••....••..•..•• 3RD APPELLANT RENATUS MAIGE ..••.....•..•••...•••...••.......................... 4TH APPELLANT MASALU MASHAURI. ........................•......•......••..•... 5TH APPELLANT MASHAKA MASHAURI ...............•.•...•........•.....•..•.... 6TH APPELLANT VITA NDELEMA ••.•.......••..••.......•••......••••.....••.......••. 7TH APPELLANT Versus JOSIA MAGUMBA SHULI. ..••.....•.....•••...•.................... RESPONDENT Date of Last Order: 23/08/2021 Date of Ruling: 23/08/2021 RULING S. M. KULITA, J Solicitor for the Appellant admits that the appeal she has lodged is time bared. That, she had filed it out of the prescribed time limit of 45 days 1 without leave of the court. The pleadings transpire that decision of the District Land and Housing Tribunal was made on 1/6/2021 but this appeal was lodged on 23/07/2021, about 52 days later. It means the Appellant was out of time for seven days. The reason behind according to the solicitor is that, they had first filed the appeal in time, on the 6th day of June, 2021 but they withdrew it after noticing some legal errors on it. Unfortunately, when they refiled it they didn't notice that they were out of time. The solicitor now use this Venue to seek for extension of time. As the Respondent has no objection, I hereby struck out this matter for being time bared and proceed to grant the prayer. The time is therefore extended for the Appellants to lodge the appeal out of time. This should be done in 30 (thirty) days period from today. m- S. M. Kulita JUDGE 23/08/2021 2