CIVIL APPLICATION NO 326 17 OF 2022 GOPAL NARSIBHAI PARMAR VS REHEMA IDDI MSABAHA 2 OTHERS

CIVIL APPLICATION NO 326 17 OF 2022 GOPAL NARSIBHAI PARMAR VS REHEMA IDDI MSABAHA 2 OTHERS

Applicant demonstrated diligence and promptitude after becoming aware of the decision; no statutory bar to revision; existence of pending appeal does not preclude applicant's right to seek revision; extension of time granted as applicant's only remedy to challenge High Court decision.

Source-derived case information.

Citation
CIVIL APPLICATION NO 326 17 OF 2022 GOPAL NARSIBHAI PARMAR VS REHEMA IDDI MSABAHA 2 OTHERS
Parties
Applicant: Gopal Narsibhai Parmar; 1st Respondent: Rehema Iddi Msabaha; 2nd Respondent: Salehbhai Jafferjee Sheikh; 3rd Respondent: Rajendra Shivchano Chohan
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application allowed
Legal Topics
Extension of Time, Revision, Interest of Non Party, Delay Explanation
Source Language
english
Civil Procedure Land Law Extension of Time Revision Interest of Non Party Delay Explanation

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Parties

Gopal Narsibhai Parmar

Applicant

Rehema Iddi Msabaha

1st Respondent

Salehbhai Jafferjee Sheikh

2nd Respondent

Rajendra Shivchano Chohan

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether applicant demonstrated good cause for extension of time to file revision
  2. 2 Whether existence of pending appeal bars revision
  3. 3 Whether applicant had alternative remedies

Ratio Decidendi

Applicant demonstrated diligence and promptitude after becoming aware of the decision; no statutory bar to revision; existence of pending appeal does not preclude applicant's right to seek revision; extension of time granted as applicant's only remedy to challenge High Court decision.

Court Disposition

Application allowed

Orders

  • Applicant permitted to institute application for revision within thirty days from date of ruling
  • No order as to costs