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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the High Court is the proper forum for extension of time to appeal against Ward Tribunal decision
- 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.
Full Case Text
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