20180315 TZCA Dar es Salaam

20180315 TZCA Dar es Salaam

Applicants failed to show good cause for extension of time, did not account for forty-five days of delay, and were barred by Rule 66(7) from seeking a second review after the first was determined; principle of illegality was inapplicable as applicants had opportunity to raise it in the first review.

Citation
20180315 TZCA Dar es Salaam
Parties
Respondent: Balozi Ibrahim Abubakar; Respondent: Bibi Sophia Ibrahim; Applicant: Applicants (names not specified)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 March 2018
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision
Outcome
reference dismissed with costs
Legal Topics
Extension of Time, Review of Court Decisions, Finality of Judgments, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Review of Court Decisions Finality of Judgments Illegality as Ground for Extension

Case Brief

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Parties

Balozi Ibrahim Abubakar

Respondent

Bibi Sophia Ibrahim

Respondent

Applicants (names not specified)

Applicant

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice's Decision

Legal Issues

  1. 1 Whether good cause was shown for extension of time to apply for a second review
  2. 2 Whether the principle of illegality justifies extension of time
  3. 3 Whether Rule 66(7) bars a second review after one has been determined

Ratio Decidendi

Applicants failed to show good cause for extension of time, did not account for forty-five days of delay, and were barred by Rule 66(7) from seeking a second review after the first was determined; principle of illegality was inapplicable as applicants had opportunity to raise it in the first review.

Court Disposition

reference dismissed with costs

Orders

  • reference dismissed
  • costs awarded to respondents