20151204 TZHC Dar es Salaam 1

20151204 TZHC Dar es Salaam 1

The applicant failed to provide a valid explanation for the delay in filing the application for extension of time after becoming aware of the decisions of the lower courts; he was not a necessary party to the probate proceedings, and no sufficient cause was shown to justify the extension sought.

Citation
20151204 TZHC Dar es Salaam 1
Parties
Applicant: Jason Samson Rweikiza; 1st Respondent: Wastara Juma Kipati (As Administrator of the Estate of Juma Selemani Kipati, Deceased); 2nd Respondent: Hamis Seleman Kipati
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Revision, Limitation of Actions, Necessary Parties, Probate Proceedings
Source Language
English
Civil Procedure Probate and Administration Extension of Time Revision Limitation of Actions Necessary Parties Probate Proceedings

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Parties

Jason Samson Rweikiza

Applicant

Wastara Juma Kipati (As Administrator of the Estate of Juma Selemani Kipati, Deceased)

1st Respondent

Hamis Seleman Kipati

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient or reasonable cause for delay in filing an application for revision
  2. 2 Whether the applicant was a necessary party to the lower court proceedings

Ratio Decidendi

The applicant failed to provide a valid explanation for the delay in filing the application for extension of time after becoming aware of the decisions of the lower courts; he was not a necessary party to the probate proceedings, and no sufficient cause was shown to justify the extension sought.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed with costs