25

25

The court held that the alleged illegality was in the Deputy Registrar's administrative Letter, not in a decree or order of the court, and thus did not suffice to grant extension of time. The Letter was not reviewable under Order XLII Rule 1 of the CPC, as it was not an order, judgment, or decree. Therefore, even if time was extended, the application for review would not be maintainable.

Citation
25
Parties
Applicant: Esther Chakupewa; 1st Respondent: Amasha Mpenzi; 2nd Respondent: John Chakupewa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 May 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Review of Court Orders, Illegality as Ground for Extension, Administrative Actions by Court Officers
Source Language
English
Civil Procedure Limitation Law Extension of Time Review of Court Orders Illegality as Ground for Extension Administrative Actions by Court Officers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Esther Chakupewa

Applicant

Amasha Mpenzi

1st Respondent

John Chakupewa

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Review

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for review
  2. 2 Whether the Letter by the Deputy Registrar is reviewable under Order XLII Rule 1 of the CPC

Ratio Decidendi

The court held that the alleged illegality was in the Deputy Registrar's administrative Letter, not in a decree or order of the court, and thus did not suffice to grant extension of time. The Letter was not reviewable under Order XLII Rule 1 of the CPC, as it was not an order, judgment, or decree. Therefore, even if time was extended, the application for review would not be maintainable.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file an application for review is dismissed.
  • No order as to costs.