chairman bunju village government 11 others vs reg trustees of the archidiocese of dsm 2005 tzhc 83 6 december 2005
Given the seriousness of the land dispute and the procedural requirements of summary procedure, leave to appeal out of time is justified as the intended appeal has a significant chance of success.
Source-derived case information.
- Citation
- chairman bunju village government 11 others vs reg trustees of the archidiocese of dsm 2005 tzhc 83 6 december 2005
- Parties
- Applicant: The Chairman Bunju Village Government & 11 Others; Respondent: The Registered Trustees of the Archidiocese of DSM
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2005
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed
- Legal Topics
- Leave to Appeal Out of Time, Summary Procedure, Trespass to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Chairman Bunju Village Government & 11 Others
Applicant
The Registered Trustees of the Archidiocese of DSM
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether leave should be granted to file an appeal out of time against the decision of the Court of the Resident Magistrate at Kisutu
Ratio Decidendi
Given the seriousness of the land dispute and the procedural requirements of summary procedure, leave to appeal out of time is justified as the intended appeal has a significant chance of success.
Court Disposition
Application allowed
Orders
- Applicants granted leave to file appeal out of time
- Appeal to be filed within thirty days from the date of ruling
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM MISC.CIVIL APPLICATION NO.64 OF 2005 THE CHAIRMAN BUNJU VILLAGE GOVERNMENT & 11 OTHERS........................................ APPLICANTS VERSUS THE REG. TRUSTEES OF THE ARCHIDIOCESE OF DSM..................................................... RESPONDENT RULING A.Shangwa,J. This is an application for leave to file an appeal out of time against the proceedings and decision of the Court of the Resident Magistrate at Kisutu in Civil Case No.51 of 2003 in which judgment was entered in favour of the plaintiff / Respondent on grounds that the defendants / Applicants did not file their written statement of defence within time. The 2 application is supported by the affidavit of Gregory Charles Nhagala Lugaila. The dispute between the parties concerns trespass on land. The Respondent is alleging that the Applicants are trespassers on farm No.2846, Mabowe, Pande, Bunju area, Dar es Salaam. The major reason which was given by the Applicants for their failure to file a written statement of defence within time is that they were looking for an amicable political settlement of their dispute out of Court which did not materialize as expected. Taking into consideration the fact that this is a serious dispute between the parties concerning trespass on land, and the fact that the plaintiff / Respondent's suit was filed under O.XXV of the Civil Procedure Code 1966- Summary procedure which means that the defendants / Applicants could not defend the suit before obtaining leave of the trial magistrate to do so; I do allow this application for leave to appeal out of time . I think that their intended appeal against the proceedings and judgment of the trial Court has a very big chance of success. The Applicants should file their appeal within thirty days from today. A.Shangwa,J. 6/12/2005 Delivered in open Court this 6th day of December, 2005. v O ' A.Shangwa JUDGE 6/ 12/2005