ABBAS MUSLIM VS TUMAIN PHILIPO

ABBAS MUSLIM VS TUMAIN PHILIPO

The applicant failed to account for every day of delay but demonstrated an arguable case and potential prejudice, which the court found sufficient to grant extension of time for filing revision.

Citation
ABBAS MUSLIM VS TUMAIN PHILIPO
Parties
Applicant: Abbas Muslim; 1st Respondent: Tumain Philipo; 2nd Respondent: Theresia Michael Kimbi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Jurisdiction, Illegality, Execution of Judgment
Source Language
English
Land Law Civil Procedure Extension of Time Revision Jurisdiction Illegality Execution of Judgment

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Parties

Abbas Muslim

Applicant

Tumain Philipo

1st Respondent

Theresia Michael Kimbi

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision against the decision of the District Land and Housing Tribunal
  2. 2 Whether illegality and prejudice exist to warrant extension of time

Ratio Decidendi

The applicant failed to account for every day of delay but demonstrated an arguable case and potential prejudice, which the court found sufficient to grant extension of time for filing revision.

Court Disposition

Application granted

Orders

  • Applicant granted extension of time to file revision within fourteen (14) days from the date of ruling
  • No order as to costs