20150605 TZCA Mwanza

20150605 TZCA Mwanza

The application is dismissed because the applicant had a right to appeal and did not show good cause for the delay in filing the application for revision out of time, rendering the application of no practical utility.

Citation
20150605 TZCA Mwanza
Parties
Applicant: Charles Malesa; Respondent: Pravin Shan; Respondent: S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 June 2015
Procedural Posture
Civil Application / Ruling on Application for Leave to File Revision Out of Time
Outcome
Application dismissed with costs
Legal Topics
Leave to File Out of Time, Summary Procedure, Right of Appeal Vs. Revision, Extension of Time
Source Language
English
Civil Procedure Land Law Leave to File Out of Time Summary Procedure Right of Appeal Vs. Revision Extension of Time

Case Brief

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Parties

Charles Malesa

Applicant

Pravin Shan

Respondent

S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to File Revision Out of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for delay in filing the application for revision out of time
  2. 2 Whether revision is tenable where appeal is available

Ratio Decidendi

The application is dismissed because the applicant had a right to appeal and did not show good cause for the delay in filing the application for revision out of time, rendering the application of no practical utility.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs