NA TZHC Simon21

NA TZHC Simon21

The applicant's reasons for delay, namely not being a party to the original proceedings and being unaware until the house was valued, are uncontroverted and weighty. The applicant and his family reside in the house, so execution would result in eviction. Therefore, extension of time and stay of execution are granted.

Citation
NA TZHC Simon21
Parties
Applicant: Hamad Shaame Hassan; 1st Respondent: Mwampemba Shami; 2nd Respondent: Hassan Shaame Hassan
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2002
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Revision Proceedings, Stay of Execution, Matrimonial Property, Third Party Interests
Source Language
English
Civil Procedure Family Law Extension of Time Revision Proceedings Stay of Execution Matrimonial Property Third Party Interests

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Parties

Hamad Shaame Hassan

Applicant

Mwampemba Shami

1st Respondent

Hassan Shaame Hassan

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether the applicant, not being a party to the original matrimonial proceedings, is entitled to extension of time to file revision proceedings
  2. 2 Whether a stay of execution should be granted pending determination of the intended revision

Ratio Decidendi

The applicant's reasons for delay, namely not being a party to the original proceedings and being unaware until the house was valued, are uncontroverted and weighty. The applicant and his family reside in the house, so execution would result in eviction. Therefore, extension of time and stay of execution are granted.

Court Disposition

Application granted

Orders

  • Stay of execution granted pending hearing of the intended application
  • Extension of time to file revision proceedings granted