jafari jamal vs elis moses 2011 tzhc 2146 12 april 2011

The existence of a jurisdictional issue and alleged illegality in the lower court's proceedings constitutes sufficient cause for extension of time to file an application for revision.

Citation: jafari jamal vs elis moses 2011 tzhc 2146 12 april 2011
Parties: Applicant: Jafari Jamal; Respondent: Elis Moses
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 April 2011
Procedural Posture: Civil Revision / Ruling on Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Jurisdiction, Probate Proceedings, Publication of Citation
Source Language: English

Civil Procedure Probate and Administration Extension of Time Jurisdiction Probate Proceedings Publication of Citation

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Parties

Jafari Jamal

Applicant

Elis Moses

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Extension of Time

Legal Issues

1 Whether sufficient cause exists to grant extension of time to file application for revision
2 Whether the Resident Magistrate’s Court had jurisdiction in Probate and Administration Cause No. 83 of 2003
3 Whether failure to publish citation in the Government Gazette and lack of family consent vitiates the proceedings

Ratio Decidendi

The existence of a jurisdictional issue and alleged illegality in the lower court's proceedings constitutes sufficient cause for extension of time to file an application for revision.

Court Disposition

application granted

Orders

Applicant to institute application for revision within 21 days from the date of this ruling.
Respondent to be notified of the ruling.