20180725 TZCA Dar es Salaam

20180725 TZCA Dar es Salaam

The applicant failed to account for the inordinate delay of almost six years and did not demonstrate any illegality apparent on the face of the High Court record; thus, no good cause was shown for extension of time.

Citation
20180725 TZCA Dar es Salaam
Parties
Applicant: Tumsifu Kimaro (The Administrator of the Estate of the Late Eliamini Kimaro); Respondent: Mohamed Mshindo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Limitation of Actions, Right to Be Heard, Ex Parte Judgment, Joinder of Parties
Source Language
English
Civil Procedure Land Law Extension of Time Revision Limitation of Actions Right to Be Heard Ex Parte Judgment Joinder of Parties

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Parties

Tumsifu Kimaro (The Administrator of the Estate of the Late Eliamini Kimaro)

Applicant

Mohamed Mshindo

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated good cause for extension of time to file revision
  2. 2 Whether alleged illegalities in the High Court decision justified extension of time

Ratio Decidendi

The applicant failed to account for the inordinate delay of almost six years and did not demonstrate any illegality apparent on the face of the High Court record; thus, no good cause was shown for extension of time.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time dismissed
  • Applicant to pay costs