hamidu saleh kungule vs anthony hukumu mwalemi another 2013 tzhc 2131 10 may 2013

hamidu saleh kungule vs anthony hukumu mwalemi another 2013 tzhc 2131 10 may 2013

The applicant failed to provide sufficient cause for the delay in filing the application for revision, as the affidavit addressed only the alleged illegality of the lower court's decision and not the reasons for the delay. The cited authority on illegality as a ground for extension was distinguishable and not applicable to the present facts.

Citation
hamidu saleh kungule vs anthony hukumu mwalemi another 2013 tzhc 2131 10 may 2013
Parties
Applicant: Hamidu Saleh Kungule; 1st Respondent: Anthony Hukumu Mwalemi; 2nd Respondent: Samson Chemponda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 May 2013
Procedural Posture
Civil Revision / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Default Judgment, Illegality as Ground for Extension
Source Language
English
Civil Procedure Extension of Time Revision Default Judgment Illegality as Ground for Extension

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Parties

Hamidu Saleh Kungule

Applicant

Anthony Hukumu Mwalemi

1st Respondent

Samson Chemponda

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown for delay in filing application for revision
  2. 2 Whether alleged illegality of lower court decision constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay in filing the application for revision, as the affidavit addressed only the alleged illegality of the lower court's decision and not the reasons for the delay. The cited authority on illegality as a ground for extension was distinguishable and not applicable to the present facts.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs