gasper ezron tesha vs linderman alfred lekey 2023 tzhc 32 27 january 2023

Despite the applicant's failure to account for each day of delay, the presence of an arguable issue of illegality in the settlement order suffices to grant extension of time to file for review.

Citation: gasper ezron tesha vs linderman alfred lekey 2023 tzhc 32 27 january 2023
Parties: Applicant: Gasper Ezron Tesha; Respondent: Linderman Alfred Lekey
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 January 2023
Procedural Posture: Misc. Civil Application / Ruling on Application for Extension of Time to File Review
Outcome: Application granted
Legal Topics: Extension of Time, Review of Court Orders, Settlement Out of Court, Illegality as Ground for Extension
Source Language: English

Civil Procedure Extension of Time Review of Court Orders Settlement Out of Court Illegality as Ground for Extension

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Parties

Gasper Ezron Tesha

Applicant

Linderman Alfred Lekey

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time to File Review

Legal Issues

1 Whether the applicant has shown sufficient cause for extension of time to file an application for review
2 Whether alleged illegality in the settlement order justifies extension of time

Ratio Decidendi

Despite the applicant's failure to account for each day of delay, the presence of an arguable issue of illegality in the settlement order suffices to grant extension of time to file for review.

Court Disposition

Application granted

Orders

Applicant given ten (10) days to file application for intended review
Costs to be in the course