efrasia mfugale vs andrew j ndimbo another 2021 tzca 164 3 may 2021

Despite unexplained periods of delay, the application raises a point of law of sufficient importance—namely, the applicant's right to be heard was violated as she was not joined in proceedings affecting her property rights. This illegality justifies extension of time to apply for revision.

Citation: efrasia mfugale vs andrew j ndimbo another 2021 tzca 164 3 may 2021
Parties: Applicant: Efrasia Mfugale; Respondent: Andrew J. Ndimbo; Respondent: Valeriana Ndimbo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 May 2021
Procedural Posture: Civil Application / Ruling on Application for Extension of Time to Apply for Revision
Outcome: Application granted
Legal Topics: Extension of Time, Revision, Right to Be Heard, Non Joinder of Parties, Illegality as Ground for Extension
Source Language: English

Civil Procedure Land Law Extension of Time Revision Right to Be Heard Non Joinder of Parties Illegality as Ground for Extension

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Parties

Efrasia Mfugale

Applicant

Andrew J. Ndimbo

Respondent

Valeriana Ndimbo

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to apply for revision
2 Whether illegality in the impugned decision justifies extension of time

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant to lodge application for revision within sixty days of the date of the ruling
Costs to follow the event in the intended revision