24046 scanned

24046 scanned

Applicant demonstrated sufficient cause for delay by actively pursuing revision; the delay was not inordinate. Illegality apparent on face of record, specifically declaration of ownership during preliminary objection, is sufficient ground for extension of time.

Citation
24046 scanned
Parties
Applicant: Builders Deport Limited; 1st Respondent: Richard Jamal Ndanshau; 2nd Respondent: Bwata Msafiri Luwa; 3rd Respondent: Fatma Jumaa Goba; 4th Respondent: Farid Jumaa; 5th Respondent: Rahma John; 6th Respondent: Ally Malima
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 June 2024
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Illegality as Ground for Extension, Ownership Dispute
Source Language
English
Civil Procedure Land Law Extension of Time Revision Illegality as Ground for Extension Ownership Dispute

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Parties

Builders Deport Limited

Applicant

Richard Jamal Ndanshau

1st Respondent

Bwata Msafiri Luwa

2nd Respondent

Fatma Jumaa Goba

3rd Respondent

Farid Jumaa

4th Respondent

Rahma John

5th Respondent

Ally Malima

6th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether applicant demonstrated sufficient cause for extension of time
  2. 2 Whether alleged illegalities justify extension of time

Ratio Decidendi

Applicant demonstrated sufficient cause for delay by actively pursuing revision; the delay was not inordinate. Illegality apparent on face of record, specifically declaration of ownership during preliminary objection, is sufficient ground for extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file intended revision within 14 days from date of ruling
  • Costs shall follow the event