charles malesa vs pravin shan another 2015 tzca 173 5 june 2015

charles malesa vs pravin shan another 2015 tzca 173 5 june 2015

The application was dismissed because the applicant had a right of appeal, making revision untenable, and no good cause for delay was shown.

Source-derived case information.

Citation
charles malesa vs pravin shan another 2015 tzca 173 5 june 2015
Parties
Applicant: Charles Malesa; Respondent: Pravin Shan; Respondent: S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 June 2015
Procedural Posture
Civil Application / Ruling on Application for Leave to File Revision Out of Time
Outcome
Application dismissed with costs
Legal Topics
Leave to File Out of Time, Summary Procedure, Right of Appeal Vs. Revision, Delay in Filing, Land Dispute
Source Language
english
Civil Procedure Land Law Leave to File Out of Time Summary Procedure Right of Appeal Vs. Revision Delay in Filing Land Dispute

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Parties

Charles Malesa

Applicant

Pravin Shan

Respondent

S. L. Isangi Auction Mart & Court Broker @ Bingwa wa Minada Tanzania

Respondent

Procedural Posture

Civil Application / Ruling on Application for Leave to File Revision Out of Time

  1. 1 Whether leave should be granted to file an application for revision out of time against the High Court's judgment and execution proceedings
  2. 2 Whether the applicant had a right of appeal precluding revision
  3. 3 Whether sufficient cause for delay was shown

Ratio Decidendi

The application was dismissed because the applicant had a right of appeal, making revision untenable, and no good cause for delay was shown.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs