JAMES KIIZA VS ABELA NTAMBA

JAMES KIIZA VS ABELA NTAMBA

Abandonment of grounds of appeal by a party and endorsement by the court does not constitute illegality. The applicant failed to show sufficient cause for extension of time, as the reasons advanced were not substantiated and did not meet the threshold for illegality or good cause.

Citation
JAMES KIIZA VS ABELA NTAMBA
Parties
Applicant: James Kiiza; Respondent: Abela Ntamba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 December 2020
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application dismissed
Legal Topics
Extension of Time, Revision, Matrimonial Property Division, Abandonment of Grounds of Appeal
Source Language
English
Civil Procedure Family Law Extension of Time Revision Matrimonial Property Division Abandonment of Grounds of Appeal

Case Brief

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Parties

James Kiiza

Applicant

Abela Ntamba

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file an application for revision
  2. 2 Whether abandonment of grounds of appeal and their endorsement by the court constitutes illegality justifying extension of time

Ratio Decidendi

Abandonment of grounds of appeal by a party and endorsement by the court does not constitute illegality. The applicant failed to show sufficient cause for extension of time, as the reasons advanced were not substantiated and did not meet the threshold for illegality or good cause.

Court Disposition

Application dismissed

Orders

  • Each party to bear own costs