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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 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 Whether the applicant had a right of appeal precluding revision
- 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
Full Case Text
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