Misc

Misc

The preliminary objections are overruled because they are not based on pure points of law but involve factual issues that require determination on merit; the application before the court is for extension of time, not revision, and the propriety of revision can be determined if and when such application is filed.

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 / Ruling on Preliminary Objection
Outcome
preliminary objections overruled
Legal Topics
Extension of Time, Revision, Preliminary Objection, Party to Proceedings, Execution Proceedings
Source Language
English
Civil Procedure Land Law Extension of Time Revision Preliminary Objection Party to Proceedings Execution Proceedings

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Parties

Latifa Yahya Said

Applicant

Ibrahim Hassan Mshangama

1st Respondent

Ashura Ramadhani Shemdoe

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the applicant, not being a party to the original proceedings, can seek extension of time to file revision
  2. 2 Whether the preliminary objections raised are pure points of law

Ratio Decidendi

The preliminary objections are overruled because they are not based on pure points of law but involve factual issues that require determination on merit; the application before the court is for extension of time, not revision, and the propriety of revision can be determined if and when such application is filed.

Court Disposition

preliminary objections overruled

Orders

  • preliminary objections dismissed
  • applicant allowed to proceed with application for extension of time