hemed said amri vs ally amri said others 2023 tzca 17294 2 june 2023

hemed said amri vs ally amri said others 2023 tzca 17294 2 june 2023

The High Court's ruling striking out Misc. Land Application No. 97 of 2015 was erroneous because the applicant had obtained an extension of time, but failed to exhibit the order. Procedural fairness requires parties to be fully heard and relevant information to be disclosed. The subsequent applications became moot as the original order was based on a mistaken assumption.

Citation
hemed said amri vs ally amri said others 2023 tzca 17294 2 june 2023
Parties
Applicant: HEMED SAID AMRI; 1st Respondent: ALLY AMRI SAID; 2nd Respondent: HEMED AMRI SAIDI; 3rd Respondent: RASHID MOHAMED
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 June 2023
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision
Outcome
Application granted
Legal Topics
Extension of Time, Leave to Appeal, Abatement of Proceedings, Revision, Procedural Fairness
Source Language
English
Civil Procedure Land Law Extension of Time Leave to Appeal Abatement of Proceedings Revision Procedural Fairness

Case Brief

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Parties

HEMED SAID AMRI

Applicant

ALLY AMRI SAID

1st Respondent

HEMED AMRI SAIDI

2nd Respondent

RASHID MOHAMED

3rd Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the High Court erred in striking out Misc. Land Application No. 97 of 2015 for being time barred despite existence of an extension order
  2. 2 Whether subsequent applications for review and extension of time were properly dismissed or struck out
  3. 3 Whether the parties were fully heard and procedural fairness was observed

Ratio Decidendi

The High Court's ruling striking out Misc. Land Application No. 97 of 2015 was erroneous because the applicant had obtained an extension of time, but failed to exhibit the order. Procedural fairness requires parties to be fully heard and relevant information to be disclosed. The subsequent applications became moot as the original order was based on a mistaken assumption.

Court Disposition

Application granted

Orders

  • The ruling in Misc. Land Application No. 97 of 2015 is quashed and any orders arising therefrom are set aside.
  • The record is remitted to the High Court for parties to address whether Misc. Land Application No. 97 of 2015 was within time in view of the extension order.