filemon balemba others vs mujungu cleophace 2018 tzhc 2715 3 august 2018

filemon balemba others vs mujungu cleophace 2018 tzhc 2715 3 august 2018

Applicants demonstrated sufficient cause for delay as they were pursuing a struck out application for revision. The delay was not deliberate and merits extension of time.

Citation
filemon balemba others vs mujungu cleophace 2018 tzhc 2715 3 august 2018
Parties
Applicant: Filemon Balemba; Applicant: Gratian Felecian; Applicant: Claudia Festo; Respondent: Mujungu Cleophace
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Limitation of Proceedings, Execution of Judgment
Source Language
English
Land Law Civil Procedure Extension of Time Revision Limitation of Proceedings Execution of Judgment

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Parties

Filemon Balemba

Applicant

Gratian Felecian

Applicant

Claudia Festo

Applicant

Mujungu Cleophace

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to extend time for filing an application for revision
  2. 2 Whether the applicants were prevented from timely filing due to prosecuting a struck out application

Ratio Decidendi

Applicants demonstrated sufficient cause for delay as they were pursuing a struck out application for revision. The delay was not deliberate and merits extension of time.

Court Disposition

Application allowed

Orders

  • Applicants to file application for revision within seven days from date of ruling
  • Costs in the course