unambwe t sumari vs devis m kimambo 2023 tzhc 23681 6 december 2023

unambwe t sumari vs devis m kimambo 2023 tzhc 23681 6 december 2023

The appellant's delay was caused by technical issues in obtaining the control number, which was beyond his control. The delay of 8 days was not inordinate, and the appellant acted promptly and diligently. The tribunal erred in refusing to grant extension of time as the delay was justifiable.

Citation
unambwe t sumari vs devis m kimambo 2023 tzhc 23681 6 december 2023
Parties
Appellant: Unambwe T. Sumari; Respondent: Devis M. Kimambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2023
Procedural Posture
Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time
Outcome
Appeal allowed
Legal Topics
Extension of Time, Dismissal of Application, Technical Delay, Control Number Issuance, Judicial Discretion
Source Language
English
Land Law Civil Procedure Extension of Time Dismissal of Application Technical Delay Control Number Issuance Judicial Discretion

Case Brief

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Parties

Unambwe T. Sumari

Appellant

Devis M. Kimambo

Respondent

Procedural Posture

Miscellaneous Land Appeal / Judgment on Appeal Against Refusal of Extension of Time

Legal Issues

  1. 1 Whether the tribunal erred in refusing to grant extension of time due to technical delay in obtaining control number
  2. 2 Whether the delay was justifiable and beyond the appellant's control

Ratio Decidendi

The appellant's delay was caused by technical issues in obtaining the control number, which was beyond his control. The delay of 8 days was not inordinate, and the appellant acted promptly and diligently. The tribunal erred in refusing to grant extension of time as the delay was justifiable.

Court Disposition

Appeal allowed

Orders

  • Appellant is allowed to file his application to set aside the dismissal order in the District Land and Housing Tribunal for Arusha within fourteen (14) days from the date of judgment.