CIVIL REFERENCE NO 7 OF 2023 HYASINTA MALISA VS JOHN MALISA

CIVIL REFERENCE NO 7 OF 2023 HYASINTA MALISA VS JOHN MALISA

Reference dismissed because the applicant did not account for the ten-month delay in seeking proceedings, and new grounds not raised before the Single Justice cannot be entertained in reference.

Citation
CIVIL REFERENCE NO 7 OF 2023 HYASINTA MALISA VS JOHN MALISA
Parties
Applicant: Hyasintha Malisa; Respondent: John Malisa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Reference / Ruling on Reference Against Single Justice's Refusal to Grant Extension of Time
Outcome
Reference dismissed with costs
Legal Topics
Extension of Time, Revision, Jurisdiction, Procedural Irregularity
Source Language
English
Civil Procedure Probate and Administration Extension of Time Revision Jurisdiction Procedural Irregularity

Case Brief

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Parties

Hyasintha Malisa

Applicant

John Malisa

Respondent

Procedural Posture

Civil Reference / Ruling on Reference Against Single Justice's Refusal to Grant Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to apply for revision of the High Court's ruling
  2. 2 Whether new grounds not raised before the Single Justice can be entertained in reference

Ratio Decidendi

Reference dismissed because the applicant did not account for the ten-month delay in seeking proceedings, and new grounds not raised before the Single Justice cannot be entertained in reference.

Court Disposition

Reference dismissed with costs

Orders

  • Reference dismissed
  • Applicant to pay costs