bernard bougault another vs moeiz harari 2 others 2023 tzhclandd 16942 29 september 2023

bernard bougault another vs moeiz harari 2 others 2023 tzhclandd 16942 29 september 2023

The applicants failed to demonstrate good cause for the delay as the alleged illegality was not apparent on the face of the record, the arbitration clause was not invoked at the appropriate time, and the claims fell within the DLHT's jurisdiction. The application was dismissed for lack of merit.

Citation
bernard bougault another vs moeiz harari 2 others 2023 tzhclandd 16942 29 september 2023
Parties
Applicant: Bernard Bougault; Applicant: New Bagamoyo Beach Resort Ltd; Respondent: Moeiz Harari; Respondent: M/S Gogo Hotels Ltd; Respondent: The Funky Squid Beach Bar and Grill
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Jurisdiction, Arbitration Clause, Consent Judgment, Lease Agreement
Source Language
English
Land Law Civil Procedure Extension of Time Jurisdiction Arbitration Clause Consent Judgment Lease Agreement

Case Brief

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Parties

Bernard Bougault

Applicant

New Bagamoyo Beach Resort Ltd

Applicant

Moeiz Harari

Respondent

M/S Gogo Hotels Ltd

Respondent

The Funky Squid Beach Bar and Grill

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicants have shown good cause for extension of time to file revision against the consent judgment and decree of the DLHT
  2. 2 Whether the existence of an arbitration clause and the nature of the claims deprived the DLHT of jurisdiction

Ratio Decidendi

The applicants failed to demonstrate good cause for the delay as the alleged illegality was not apparent on the face of the record, the arbitration clause was not invoked at the appropriate time, and the claims fell within the DLHT's jurisdiction. The application was dismissed for lack of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Costs awarded to respondents