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Tanzania decisions
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The Court of Appeal allowed a land-related appeal, holding that the High Court dismissed a restoration application without hearing the parties, violating natural justice and fair hearing rights.
The applicant failed to sufficiently account for the entire period of delay of 438 days, and did not provide substantiated or proven reasons amounting to good cause. Therefore, the application for extension of time is dismissed.
Source excerpt
Applicant failed to account for the period of delay between 21st December 2022 and 17th May 2023; alleged sickness did not prevent action after 21st December 2022; no apparent illegality found on the face of the impugned judgment.
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The High Court struck out an application for a certificate of points of law after finding it was brought under the wrong provision and was therefore incompetent.
High Court Land Division held that a repeat application for extension of time was res judicata and dismissed it with costs.
The High Court granted extension of time and certified mixed points of law and fact for appeal, finding sufficient cause and no inordinate delay.
The High Court refused leave to appeal and a certificate of point of law, holding that the proposed grounds were factual complaints about evaluation of evidence.
Applicant was not time barred after excluding period for obtaining judgment and decree; sufficient cause established for extension of time to lodge notice of appeal; application for leave to appeal was not maintainable without notice of appeal and certificate of point of law.
Source excerpt
The High Court dismissed an application to extend time and to certify a point of law in a land appeal, finding no sufficient cause for delay.
The High Court struck out an application for leave to appeal, holding that the applicant should have sought a certificate of a point of law instead.
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