bura sanda vs christina hheke and 1 another 2023 tzhc 18990 28 april 2023

bura sanda vs christina hheke and 1 another 2023 tzhc 18990 28 april 2023

The applicant demonstrated sufficient cause for extension of time due to illegality and denial of right to be heard, as the tribunal chairman misdirected himself by dismissing the appeal contrary to previous orders and without proper consideration of the applicant's circumstances. The applicant was diligent and not at fault for the delay.

Citation
bura sanda vs christina hheke and 1 another 2023 tzhc 18990 28 april 2023
Parties
Applicant: Bura Sanda; 1st Respondent: Christina Hheke; 2nd Respondent: Rozalia Banga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Denial of Right to Be Heard, Illegality in Tribunal Proceedings
Source Language
English
Civil Procedure Land Law Extension of Time Revision Denial of Right to Be Heard Illegality in Tribunal Proceedings

Case Brief

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Parties

Bura Sanda

Applicant

Christina Hheke

1st Respondent

Rozalia Banga

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file revision application
  2. 2 Whether there was illegality or denial of right to be heard justifying extension

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time due to illegality and denial of right to be heard, as the tribunal chairman misdirected himself by dismissing the appeal contrary to previous orders and without proper consideration of the applicant's circumstances. The applicant was diligent and not at fault for the delay.

Court Disposition

Application allowed

Orders

  • Extension of time granted to applicant to file revision application within 14 days from date of ruling