steven j misanga vs shabani mtone 2016 tzhc 2154 22 november 2016

steven j misanga vs shabani mtone 2016 tzhc 2154 22 november 2016

The appellant failed to provide credible evidence of illness covering the period of delay (2011-2013); the only medical evidence related to 2014. Therefore, no sufficient cause was shown for extension of time, and the District Land and Housing Tribunal's decision to dismiss the application was proper.

Citation
steven j misanga vs shabani mtone 2016 tzhc 2154 22 november 2016
Parties
Appellant: Steven J. Misanga; Respondent: Shabani Mtone
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 November 2016
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Appeals, Sufficient Cause, Medical Evidence
Source Language
English
Civil Procedure Land Law Extension of Time Appeals Sufficient Cause Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Steven J. Misanga

Appellant

Shabani Mtone

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant advanced sufficient cause for extension of time to appeal against the Ward Tribunal decision
  2. 2 Whether medical evidence tendered by the appellant justified the delay

Ratio Decidendi

The appellant failed to provide credible evidence of illness covering the period of delay (2011-2013); the only medical evidence related to 2014. Therefore, no sufficient cause was shown for extension of time, and the District Land and Housing Tribunal's decision to dismiss the application was proper.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs