OC H

OC H

Applicant demonstrated sufficient cause for extension of time by showing she was not served or aware of the proceedings, thus denied the right to be heard, which constitutes an apparent illegality justifying extension of time.

Citation
OC H
Parties
Applicant: H.E.R; Respondent: V.L.R
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 September 2023
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Illegality as Ground for Extension, Revision Proceedings
Source Language
English
Civil Procedure Family Law Constitutional Law Extension of Time Right to Be Heard Illegality as Ground for Extension Revision Proceedings

Case Brief

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Parties

H.E.R

Applicant

V.L.R

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision out of time
  2. 2 Whether denial of the right to be heard constitutes illegality justifying extension of time

Ratio Decidendi

Applicant demonstrated sufficient cause for extension of time by showing she was not served or aware of the proceedings, thus denied the right to be heard, which constitutes an apparent illegality justifying extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file application for revision within 30 days of the date of this ruling
  • No order as to costs