adrofu fulgensi mfunya vs juma hereye others 2022 tzca 354 16 june 2022

adrofu fulgensi mfunya vs juma hereye others 2022 tzca 354 16 june 2022

Applicant failed to account for each day of delay and did not demonstrate apparent illegality on the face of the record; the impugned order was appealable under section 47(2) of the Land Disputes Act, not revisable; application for extension of time dismissed for lack of merit.

Citation
adrofu fulgensi mfunya vs juma hereye others 2022 tzca 354 16 june 2022
Parties
Applicant: Adrofu Fulgensi Mfunya; Respondent: Juma Hereye; Respondent: Sospita Mpoma; Respondent: Mbezi Auction Mart & Co.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Revision, Appeals, Settlement Orders, Illegality as Ground for Revision
Source Language
English
Civil Procedure Land Law Extension of Time Revision Appeals Settlement Orders Illegality as Ground for Revision

Case Brief

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Parties

Adrofu Fulgensi Mfunya

Applicant

Juma Hereye

Respondent

Sospita Mpoma

Respondent

Mbezi Auction Mart & Co.

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to file revision
  2. 2 Whether alleged illegalities in settlement order justify extension of time
  3. 3 Whether the impugned High Court order is appealable or revisable

Ratio Decidendi

Applicant failed to account for each day of delay and did not demonstrate apparent illegality on the face of the record; the impugned order was appealable under section 47(2) of the Land Disputes Act, not revisable; application for extension of time dismissed for lack of merit.

Court Disposition

Application dismissed with costs.

Orders

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