20161028 TZHC Mwanza

The appeal was incompetent as it was lodged out of time and based on an incurably defective affidavit; all subsequent proceedings were a nullity and must be quashed.

Citation: 20161028 TZHC Mwanza
Parties: Appellant: William Buruna; Respondent: Gomelo Sasi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 October 2016
Procedural Posture: Civil Appeal / Ruling on Appeal
Outcome: appeal struck out
Legal Topics: Extension of Time, Affidavit Validity, Appeal Out of Time, Nullity of Proceedings
Source Language: English

Civil Procedure Land Law Extension of Time Affidavit Validity Appeal Out of Time Nullity of Proceedings

Case Brief

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Parties

William Buruna

Appellant

Gomelo Sasi

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

1 Whether the appeal to the Tribunal was competent having been lodged out of time
2 Whether the affidavit supporting the application for extension of time was valid
3 Whether subsequent proceedings based on a void application are a nullity

Ratio Decidendi

The appeal was incompetent as it was lodged out of time and based on an incurably defective affidavit; all subsequent proceedings were a nullity and must be quashed.

Court Disposition

appeal struck out

Orders

Proceedings in the High Court and Tribunal quashed and set aside
Each party to bear own costs in all courts