Misc

Misc

A claim of illegality in the challenged decision is ipso facto sufficient cause for extension of time, and the applicant need not account for each day of delay if illegality is established.

Citation
Misc
Parties
Applicant: Latifa Yahya Said; 1st Respondent: Ibrahim Hassan Mshangama; 2nd Respondent: Ashura Ramadhani Shemdoe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Application for Extension of Time / Ruling on Application for Extension of Time to File Revision
Outcome
application granted
Legal Topics
Extension of Time, Revision, Right to Be Heard, Illegality as Sufficient Cause
Source Language
English
Land Law Civil Procedure Extension of Time Revision Right to Be Heard Illegality as Sufficient Cause

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Parties

Latifa Yahya Said

Applicant

Ibrahim Hassan Mshangama

1st Respondent

Ashura Ramadhani Shemdoe

2nd Respondent

Procedural Posture

Miscellaneous Land Application for Extension of Time / 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 revision against the judgment and order of the District Land and Housing Tribunal
  2. 2 Whether illegality in the prior proceedings constitutes sufficient cause for extension of time

Ratio Decidendi

A claim of illegality in the challenged decision is ipso facto sufficient cause for extension of time, and the applicant need not account for each day of delay if illegality is established.

Court Disposition

application granted

Orders

  • Applicant to file the intended application for revision within 21 days from date of this Ruling.
  • Costs shall follow the events.