ally ahmad bauda vs raza hussein ladha damji others 2016 tzca 924 28 october 2016

ally ahmad bauda vs raza hussein ladha damji others 2016 tzca 924 28 october 2016

The applicant, as administrator, was not aware of the proceedings and was not joined as a party; the claim of illegality and irregularity in the High Court proceedings, including the unaddressed counterclaim, constitutes good cause for extension of time under Rule 10 of the Court of Appeal Rules.

Citation
ally ahmad bauda vs raza hussein ladha damji others 2016 tzca 924 28 october 2016
Parties
Applicant: Ally Ahmad Bauda; Respondent: Raza Hussein Ladha Damji; Respondent: Said Omary Said; Respondent: Tam Baza Auction Mart & General Brokers
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 2016
Procedural Posture
Civil Application / Application for Extension of Time to Lodge Revision
Outcome
application granted
Legal Topics
Extension of Time, Revision, Illegality as Ground for Extension, Administrator's Rights
Source Language
English
Civil Procedure Land Law Estate Administration Extension of Time Revision Illegality as Ground for Extension Administrator's Rights

Case Brief

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Parties

Ally Ahmad Bauda

Applicant

Raza Hussein Ladha Damji

Respondent

Said Omary Said

Respondent

Tam Baza Auction Mart & General Brokers

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Lodge Revision

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file revision
  2. 2 Whether lack of knowledge of proceedings and alleged illegalities constitute sufficient grounds

Ratio Decidendi

The applicant, as administrator, was not aware of the proceedings and was not joined as a party; the claim of illegality and irregularity in the High Court proceedings, including the unaddressed counterclaim, constitutes good cause for extension of time under Rule 10 of the Court of Appeal Rules.

Court Disposition

application granted

Orders

  • Applicant to lodge application for revision within sixty (60) days from the date of delivery of this ruling.
  • Costs shall be in the cause.