charles s kimambo vs clement leonard kusudya another 2020 tzca 318 19 june 2020

charles s kimambo vs clement leonard kusudya another 2020 tzca 318 19 june 2020

The application discloses a point of sufficient importance regarding whether the High Court should have considered its prior finding that time started running in 2012 due to alleged fraud, thus the refusal to extend time based on delay from 1999 to 2012 was a misapprehension of facts. Leave to appeal is granted.

Citation
charles s kimambo vs clement leonard kusudya another 2020 tzca 318 19 june 2020
Parties
Applicant: Charles S. Kimambo; First Respondent: Clement Leonard Kusudya (As an Administrator of the Estate of Leonard Kusudya, Deceased); Second Respondent: National Bank of Commerce
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 June 2020
Procedural Posture
Civil Application / Application for Leave to Appeal
Outcome
Leave to appeal granted
Legal Topics
Extension of Time, Leave to Appeal, Limitation Period, Functus Officio, Revision Proceedings
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Limitation Period Functus Officio Revision Proceedings

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Parties

Charles S. Kimambo

Applicant

Clement Leonard Kusudya (As an Administrator of the Estate of Leonard Kusudya, Deceased)

First Respondent

National Bank of Commerce

Second Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the High Court erred in refusing extension of time for revision
  2. 2 Whether the doctrine of functus officio applied to the High Court's decision
  3. 3 Whether the applicant accounted for the delay between 1999 and 2012

Ratio Decidendi

The application discloses a point of sufficient importance regarding whether the High Court should have considered its prior finding that time started running in 2012 due to alleged fraud, thus the refusal to extend time based on delay from 1999 to 2012 was a misapprehension of facts. Leave to appeal is granted.

Court Disposition

Leave to appeal granted

Orders

  • Applicant granted leave to appeal to the Court against the decision of the High Court at Dodoma in Miscellaneous Civil Appeal No. 44 of 2016
  • Costs to be in the intended appeal