charles zephania mwenesano vs danie samwel chuma 2016 tzca 640 25 may 2016

Allegation of illegality in the proceedings constitutes sufficient cause for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009.

Citation: charles zephania mwenesano vs danie samwel chuma 2016 tzca 640 25 may 2016
Parties: Applicant: Charles Zephania Mwenesano; Respondent: Daniel Samwel Chuma
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 25 May 2016
Procedural Posture: Civil Application / Ruling on Application for Extension of Time
Outcome: Application granted
Legal Topics: Extension of Time, Revision, Illegality in Proceedings
Source Language: English

Civil Procedure Extension of Time Revision Illegality in Proceedings

Case Brief

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Parties

Charles Zephania Mwenesano

Applicant

Daniel Samwel Chuma

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant is entitled to extension of time to apply for revision of High Court proceedings, judgment, decree, ruling and orders
2 Whether the affidavit in support of the application is incurably defective

Ratio Decidendi

Allegation of illegality in the proceedings constitutes sufficient cause for extension of time under Rule 10 of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

Application granted

Orders

Applicant to file the desired application for revision within thirty (30) days from the date of delivery of this Ruling.
Costs will be in the case.