Ruling Miscellaneous Land Application No

Ruling Miscellaneous Land Application No

The applicant demonstrated sufficient reason for extension of time by establishing apparent illegality in the impugned decision, specifically denial of the right to be heard, and acted promptly upon learning of the execution. The presence of illegality overrides the need to account for each day of delay.

Source-derived case information.

Citation
Ruling Miscellaneous Land Application No
Parties
Applicant: Alpha Joseph Kaaya; Respondent: Festo Samson Moshi; Respondent: Elizabeth Samson Moshi; Respondent: Joseph Mlingi; Respondent: Frank Massae; Respondent: Wilson Mlang’a Mushi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Right to Be Heard, Illegality as Ground for Extension
Source Language
english
Land Law Civil Procedure Extension of Time Revision Right to Be Heard Illegality as Ground for Extension

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Parties

Alpha Joseph Kaaya

Applicant

Festo Samson Moshi

Respondent

Elizabeth Samson Moshi

Respondent

Joseph Mlingi

Respondent

Frank Massae

Respondent

Wilson Mlang’a Mushi

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to file revision
  2. 2 Whether illegality in the impugned decision constitutes sufficient reason for extension of time

Ratio Decidendi

The applicant demonstrated sufficient reason for extension of time by establishing apparent illegality in the impugned decision, specifically denial of the right to be heard, and acted promptly upon learning of the execution. The presence of illegality overrides the need to account for each day of delay.

Court Disposition

Application granted

Orders

  • Applicant granted 30 days to file revision before the Court
  • Each party to bear own costs