19970516 TZHC Dar es Salaam

19970516 TZHC Dar es Salaam

The applicant failed to show sufficient cause for the delay in filing the application for review, as service was properly effected through his advocate. There was no error apparent on the face of the record to justify review, and the applicant's reliance on his agent was unsupported by evidence. The application was therefore dismissed with costs.

Citation
19970516 TZHC Dar es Salaam
Parties
Applicant: Anthony Along Mgutu; Respondent: Sara Mgutu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 1997
Procedural Posture
Probate and Administration / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Letters of Administration, Review of Court Orders, Withdrawal of Petition
Source Language
English
Probate Civil Procedure Extension of Time Letters of Administration Review of Court Orders Withdrawal of Petition

Case Brief

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Parties

Anthony Along Mgutu

Applicant

Sara Mgutu

Respondent

Procedural Posture

Probate and Administration / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for review
  2. 2 Whether failure of advocate or agent to inform the applicant constitutes sufficient cause
  3. 3 Whether there is an error apparent on the face of the record justifying review

Ratio Decidendi

The applicant failed to show sufficient cause for the delay in filing the application for review, as service was properly effected through his advocate. There was no error apparent on the face of the record to justify review, and the applicant's reliance on his agent was unsupported by evidence. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file review is dismissed with costs