gabriel andrew michael vs damiano ama another 2022 tzhc 14843 30 november 2022

gabriel andrew michael vs damiano ama another 2022 tzhc 14843 30 november 2022

The Applicant demonstrated sufficient cause for extension of time due to prompt action upon learning of the decision, technical delay from pursuing a remedy in the wrong forum, and the existence of illegality in the original proceedings, specifically denial of the right to be heard. These factors justify granting the extension sought.

Citation
gabriel andrew michael vs damiano ama another 2022 tzhc 14843 30 november 2022
Parties
Applicant: Gabriel Andrew Michael; 1st Respondent: Damiano Ama; 2nd Respondent: Gurumbe Axwesso (As administrator of the Estate of the late Qamara Ami Qalago)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Right to Be Heard, Illegality as Ground for Extension, Technical Delay
Source Language
English
Land Law Civil Procedure Extension of Time Revision Right to Be Heard Illegality as Ground for Extension Technical Delay

Case Brief

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Parties

Gabriel Andrew Michael

Applicant

Damiano Ama

1st Respondent

Gurumbe Axwesso (As administrator of the Estate of the late Qamara Ami Qalago)

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether sufficient cause exists to grant extension of time to file revision against the District Land and Housing Tribunal decision
  2. 2 Whether denial of right to be heard and alleged illegality justify extension of time

Ratio Decidendi

The Applicant demonstrated sufficient cause for extension of time due to prompt action upon learning of the decision, technical delay from pursuing a remedy in the wrong forum, and the existence of illegality in the original proceedings, specifically denial of the right to be heard. These factors justify granting the extension sought.

Court Disposition

Application allowed

Orders

  • Applicant to file intended application for revision in the High Court within 30 days from the date of the ruling
  • Each party to bear their own costs