khalid hussein muccadam vs ngulo mtiga another 2022 tzca 353 14 june 2022

khalid hussein muccadam vs ngulo mtiga another 2022 tzca 353 14 june 2022

The application is an abuse of court process as the applicant has already commenced objection proceedings at the trial court to address the same issue, and has not exhausted remedies available under Order XXI of the CPC; therefore, extension of time for revision is not warranted.

Citation
khalid hussein muccadam vs ngulo mtiga another 2022 tzca 353 14 june 2022
Parties
Applicant: Khalid Hussein Muccadam; 1st Respondent: Ngulo Mtiga (as a Legal personal representative of the estate of Abubakar Omar Said Mtiga); 2nd Respondent: Tulibako Tabu Kyoma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 June 2022
Procedural Posture
Civil Application for Extension of Time to Apply for Revision / Ruling on Application for Extension of Time
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Revision, Right to Be Heard, Abuse of Process, Execution of Decrees
Source Language
English
Civil Procedure Land Law Extension of Time Revision Right to Be Heard Abuse of Process Execution of Decrees

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Parties

Khalid Hussein Muccadam

Applicant

Ngulo Mtiga (as a Legal personal representative of the estate of Abubakar Omar Said Mtiga)

1st Respondent

Tulibako Tabu Kyoma

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether good cause has been shown for extension of time to apply for revision
  2. 2 Whether the applicant has ownership interest in the disputed property
  3. 3 Effect of pending objection proceedings on the application

Ratio Decidendi

The application is an abuse of court process as the applicant has already commenced objection proceedings at the trial court to address the same issue, and has not exhausted remedies available under Order XXI of the CPC; therefore, extension of time for revision is not warranted.

Court Disposition

Application struck out with costs

Orders

  • Application for extension of time is struck out
  • Applicant to pay costs