alex msama mwita vs yusufu shabani omary three others 2023 tzhccomd 136 12 may 2023

Applicant failed to account for the delay and alleged illegality was not apparent on the face of the record; therefore, extension of time cannot be granted.

Citation: alex msama mwita vs yusufu shabani omary three others 2023 tzhccomd 136 12 may 2023
Parties: Applicant: Alex Msama Mwita; 1st Respondent: Yusufu Shabani Omary; 2nd Respondent: Bank of Africa (T) Limited; 3rd Respondent: Laura Boniventure Malya Masera; 4th Respondent: Tegemeze Auction Mart Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 12 May 2023
Procedural Posture: Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Review, Execution of Court Orders, Illegality as Ground for Extension
Source Language: English

Civil Procedure Extension of Time Review Execution of Court Orders Illegality as Ground for Extension

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Parties

Alex Msama Mwita

Applicant

Yusufu Shabani Omary

1st Respondent

Bank of Africa (T) Limited

2nd Respondent

Laura Boniventure Malya Masera

3rd Respondent

Tegemeze Auction Mart Limited

4th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has accounted for the delay in filing for review
2 Whether alleged illegality is apparent on the face of the record to justify extension of time

Ratio Decidendi

Applicant failed to account for the delay and alleged illegality was not apparent on the face of the record; therefore, extension of time cannot be granted.

Court Disposition

Application dismissed with costs

Orders

Application for extension of time dismissed
Costs awarded to respondents