daniel godwin urio vs daniel george bwanali another 2023 tzca 17886 23 november 2023

daniel godwin urio vs daniel george bwanali another 2023 tzca 17886 23 november 2023

The division of a house registered in the applicant's name as matrimonial property and its division between respondents constituted an apparent illegality, justifying extension of time for revision despite unexplained delay.

Citation
daniel godwin urio vs daniel george bwanali another 2023 tzca 17886 23 november 2023
Parties
Applicant: Daniel Godwin Urio; 1st Respondent: Daniel George Bwanali; 2nd Respondent: Okuly Eliufoo Muro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 November 2023
Procedural Posture
Civil Revision / Application for Extension of Time to Lodge Revision
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Matrimonial Property Division, Right to Be Heard, Illegality
Source Language
English

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Parties

Daniel Godwin Urio

Applicant

Daniel George Bwanali

1st Respondent

Okuly Eliufoo Muro

2nd Respondent

Procedural Posture

Civil Revision / Application for Extension of Time to Lodge Revision

  1. 1 Whether sufficient reason exists to extend time for filing revision
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether the division of property constituted an apparent illegality

Ratio Decidendi

The division of a house registered in the applicant's name as matrimonial property and its division between respondents constituted an apparent illegality, justifying extension of time for revision despite unexplained delay.

Court Disposition

Application granted

Orders

  • Time for filing application for revision extended; applicant to file within 60 days from date of order
  • Costs to abide outcome of intended application