ATTORNEY GENERAL VS HERMANUS PHILIPPUS STEYN MISC COM APP NO

ATTORNEY GENERAL VS HERMANUS PHILIPPUS STEYN MISC COM APP NO

The court held that once a deed of settlement is filed and a compromise decree is entered, the original court ruling or decree is overtaken and ceases to exist. Therefore, there is no existing decision to review, making the application for extension of time to review a non-existent ruling futile.

Citation
ATTORNEY GENERAL VS HERMANUS PHILIPPUS STEYN MISC COM APP NO
Parties
Applicant: Attorney General; Respondent: Hermanus Philippus Steyn
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Review of Court Decisions, Compromise Decree, Deed of Settlement, Finality of Litigation
Source Language
English
Civil Procedure Arbitration Contract Law Extension of Time Review of Court Decisions Compromise Decree Deed of Settlement Finality of Litigation

Case Brief

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Parties

Attorney General

Applicant

Hermanus Philippus Steyn

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court can grant extension of time to review a decision that has been compromised by a deed of settlement
  2. 2 Whether the ruling of 3rd May 2011 is still in existence for purposes of review
  3. 3 Whether the applicant has shown sufficient cause for delay

Ratio Decidendi

The court held that once a deed of settlement is filed and a compromise decree is entered, the original court ruling or decree is overtaken and ceases to exist. Therefore, there is no existing decision to review, making the application for extension of time to review a non-existent ruling futile.

Court Disposition

Application struck out with costs

Orders

  • The application for extension of time is struck out with costs.