20060817 TZCA Dar es Salaam

20060817 TZCA Dar es Salaam

Although the applicant's delay was partly due to a negligent error regarding limitation, the legal issue of whether a third party affected by a prerogative order has a right to be joined and heard is significant for the development of civil law and constitutes sufficient cause for extension of time.

Citation
20060817 TZCA Dar es Salaam
Parties
Applicant: Chawe Transport Import & Export Co. Ltd; 1st Respondent: Pan Construction Co. Ltd; 2nd Respondent: The Minister for Lands, Housing and Urban Development; 3rd Respondent: Registrar of Titles; 4th Respondent: China Geo Engineering Corporation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2006
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Prerogative Orders, Right to Be Heard, Joinder of Parties
Source Language
English
Civil Procedure Administrative Law Extension of Time Revision Prerogative Orders Right to Be Heard Joinder of Parties

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Parties

Chawe Transport Import & Export Co. Ltd

Applicant

Pan Construction Co. Ltd

1st Respondent

The Minister for Lands, Housing and Urban Development

2nd Respondent

Registrar of Titles

3rd Respondent

China Geo Engineering Corporation

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to apply for revision
  2. 2 Whether a third party affected by a prerogative order has a right to be joined and heard

Ratio Decidendi

Although the applicant's delay was partly due to a negligent error regarding limitation, the legal issue of whether a third party affected by a prerogative order has a right to be joined and heard is significant for the development of civil law and constitutes sufficient cause for extension of time.

Court Disposition

Application allowed

Orders

  • Extension of thirty (30) days granted to the applicant to file the intended revision
  • Costs awarded to the applicant