yusufu cherehani vs jileka malaba 2023 tzhc 22903 1 september 2023

yusufu cherehani vs jileka malaba 2023 tzhc 22903 1 september 2023

The application was filed in the wrong court; the proper forum for extension of time to appeal against Ward Tribunal decisions is the District Land and Housing Tribunal, not the High Court.

Citation
yusufu cherehani vs jileka malaba 2023 tzhc 22903 1 september 2023
Parties
Applicant: Yusuph Cherehani; Respondent: Jileka Malaba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 September 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application dismissed for want of merit.
Legal Topics
Extension of Time, Jurisdiction, Right to Be Heard, Exparte Proceedings
Source Language
English

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Parties

Yusuph Cherehani

Applicant

Jileka Malaba

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time to Appeal

  1. 1 Whether the High Court is the proper forum for extension of time to appeal against Ward Tribunal decision
  2. 2 Whether the applicant was denied the right to be heard

Ratio Decidendi

The application was filed in the wrong court; the proper forum for extension of time to appeal against Ward Tribunal decisions is the District Land and Housing Tribunal, not the High Court.

Court Disposition

Application dismissed for want of merit.

Orders

  • Application dismissed.
  • No order as to costs.