zamda ramadhan mohamed vs jackchen rolland kweka and 2 others 2020 tzhclandd 2256 23 july 2020

zamda ramadhan mohamed vs jackchen rolland kweka and 2 others 2020 tzhclandd 2256 23 july 2020

The application was incompetent because it was brought under the wrong legal provision; section 14(1) of the Law of Limitation Act does not govern extension of time for appeals from District Land and Housing Tribunal decisions in original jurisdiction.

Citation
zamda ramadhan mohamed vs jackchen rolland kweka and 2 others 2020 tzhclandd 2256 23 july 2020
Parties
Applicant: Zamda Ramadhani Mohamed; 1st Respondent: Jackchan Rolland Kweka; 2nd Respondent: EFC Bank Tanzania Limited; 3rd Respondent: Tanzania Quality Auction Mart
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 July 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Appeals, Jurisdiction, Proper Citation of Law
Source Language
English

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Parties

Zamda Ramadhani Mohamed

Applicant

Jackchan Rolland Kweka

1st Respondent

EFC Bank Tanzania Limited

2nd Respondent

Tanzania Quality Auction Mart

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

  1. 1 Whether the application for extension of time is properly before the court
  2. 2 Whether the correct legal provision was cited for extension of time to appeal

Ratio Decidendi

The application was incompetent because it was brought under the wrong legal provision; section 14(1) of the Law of Limitation Act does not govern extension of time for appeals from District Land and Housing Tribunal decisions in original jurisdiction.

Court Disposition

Application struck out as incompetent

Orders

  • Each party to bear its own costs