eliakim swai another vs thobias karawa shoo 2017 tzca 162 22 february 2017

Applicants acted promptly after previous application was struck out; delay was technical and not attributable to them. There is a point of law regarding res judicata that warrants consideration by the Full Court. Extension of time is granted.

Citation: eliakim swai another vs thobias karawa shoo 2017 tzca 162 22 february 2017
Parties: Applicant: Eliakim Swai; Applicant: Frank Swai; Respondent: Thobias Karawa Shoo
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 February 2017
Procedural Posture: Civil Application / Ruling on Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Revision, Res Judicata, Technical Delay
Source Language: English

Civil Procedure Land Law Extension of Time Revision Res Judicata Technical Delay

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2

Parties

Eliakim Swai

Applicant

Frank Swai

Applicant

Thobias Karawa Shoo

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether applicants have shown good cause for extension of time to file application for revision
2 Whether technical delay due to struck out application constitutes sufficient cause
3 Whether there is a point of law of sufficient importance (res judicata) warranting extension

Ratio Decidendi

Court Disposition

application granted

Orders

Applicants given sixty (60) days from date of ruling to file application for revision
No order as to costs