Misc application no27368811111111

Misc application no27368811111111

The application is dismissed as it is barred by res judicata, applicant failed to provide evidence for grounds relied upon, and the proper remedy was appeal, not a fresh application.

Citation
Misc application no27368811111111
Parties
Applicant: Ahmed Islam Merey; 1st Respondent: Humud Ali Salum; 2nd Respondent: Willhem Sylvester Erio; 3rd Respondent: Ahmed Abdallah Karama
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 March 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Res Judicata, Right to Be Heard, Abuse of Court Process
Source Language
English
Land Law Civil Procedure Extension of Time Res Judicata Right to Be Heard Abuse of Court Process

Case Brief

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Parties

Ahmed Islam Merey

Applicant

Humud Ali Salum

1st Respondent

Willhem Sylvester Erio

2nd Respondent

Ahmed Abdallah Karama

3rd 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
  2. 2 Whether the application is barred by res judicata
  3. 3 Whether the applicant's right to be heard was violated

Ratio Decidendi

The application is dismissed as it is barred by res judicata, applicant failed to provide evidence for grounds relied upon, and the proper remedy was appeal, not a fresh application.

Court Disposition

Application dismissed

Orders

  • Applicant to pay all costs