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Tanzania decisions
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The High Court granted leave to appeal out of time in a land dispute, finding a prima facie case of illegality and allowing 45 days to file the petition.
The Court of Appeal dismissed an appeal seeking extension of time to challenge a land tribunal decision, holding that no sufficient cause for the delay was shown.
The High Court allowed an appeal over refusal to extend time, finding good cause based on lack of knowledge of the suit and procedural irregularities in service.
Applicants demonstrated diligence and delay was due to prolonged process of obtaining certified copies and technical delay from previous application struck out. No lack of diligence established. Extension of time granted as Misc. Land Application No. 1/2022 was not determined on merit and no prejudice to respondent.
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Applicants failed to establish sufficient cause for non-appearance as they were served with summons and participated in proceedings; alleged illegality did not prevent appearance and is not a ground for setting aside ex parte judgment.
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The Court of Appeal granted leave to appeal in a land dispute, holding that the second-bite application was competent and raised prima facie arguable grounds.
Illegality alleged in the award and CMA Fl, and doubts about proper service of summons, constitute sufficient cause for extension of time. The applicant should be allowed to file for setting aside the ex-parte award to ensure justice and determination of alleged illegalities.
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The High Court granted an extension of time for Edson Mchomba to seek revision of a CMA award, finding the alleged illegality in the ex parte award justified relief.
High Court Land Division granted extension of time to appeal, holding that alleged illegality in the Ward Tribunal proceedings was sufficient cause.
The tribunal's failure to be properly constituted with assessors as required by law constituted an illegality, which is sufficient cause to grant extension of time to the appellant.
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