abdallah juma ally vs ajay amarshi chavda 8 others 2023 tzhclandd 16881 15 september 2023

abdallah juma ally vs ajay amarshi chavda 8 others 2023 tzhclandd 16881 15 september 2023

Applicant failed to account for periods of inaction and delay; error in execution amount can be corrected by review, not appeal; application for extension of time is unmerited.

Citation
abdallah juma ally vs ajay amarshi chavda 8 others 2023 tzhclandd 16881 15 september 2023
Parties
Applicant: Abdallah Zuma Ally; 1st Respondent: Ajay Amarshi Chavda; 2nd Respondent: Reshma Ajay Chavda; 3rd Respondent: Ratna Jatin Chavda; 4th Respondent: Hamis Sheha; 5th Respondent: Mussa Ally; 6th Respondent: Omar Salum; 7th Respondent: Ahmed Seif; 8th Respondent: Isack Mbilinyi; 9th Respondent: Ahmed Suleiman
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 September 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Execution of Decree, Error Apparent on Record
Source Language
English
Land Law Civil Procedure Extension of Time Execution of Decree Error Apparent on Record

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Parties

Abdallah Zuma Ally

Applicant

Ajay Amarshi Chavda

1st Respondent

Reshma Ajay Chavda

2nd Respondent

Ratna Jatin Chavda

3rd Respondent

Hamis Sheha

4th Respondent

Mussa Ally

5th Respondent

Omar Salum

6th Respondent

Ahmed Seif

7th Respondent

Isack Mbilinyi

8th Respondent

Ahmed Suleiman

9th 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 appeal against the Tribunal's decision
  2. 2 Whether the error in the execution amount can be corrected by review

Ratio Decidendi

Applicant failed to account for periods of inaction and delay; error in execution amount can be corrected by review, not appeal; application for extension of time is unmerited.

Court Disposition

Application dismissed with costs.

Orders

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