marema michael maswi vs msafiri jumanne mashaka others 2023 tzca 17971 14 december 2023

marema michael maswi vs msafiri jumanne mashaka others 2023 tzca 17971 14 december 2023

The applicant's delay was not inordinate and was due to reasons beyond his control; denial of the right to be heard constitutes good cause for extension of time; no prejudice to the respondent was shown; therefore, extension of time is granted.

Citation
marema michael maswi vs msafiri jumanne mashaka others 2023 tzca 17971 14 december 2023
Parties
Applicant: Marema Michael Maswi; 1st Respondent: Msafiri Jumanne Mashaka; 2nd Respondent: Sololo Jumanne Yamlinga; 3rd Respondent: Alfred Jumanne Yamlinga; 4th Respondent: Burugu Jumanne Yamlinga; 5th Respondent: Maria Jumanne Yamlinga; 6th Respondent: Prisca Jumanne Yamlinga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Apply for Revision
Outcome
Application granted with costs
Legal Topics
Extension of Time, Revision, Right to Be Heard, Locus Standi, Illegality as Ground for Extension
Source Language
English
Civil Procedure Probate and Administration Extension of Time Revision Right to Be Heard Locus Standi Illegality as Ground for Extension

Case Brief

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Parties

Marema Michael Maswi

Applicant

Msafiri Jumanne Mashaka

1st Respondent

Sololo Jumanne Yamlinga

2nd Respondent

Alfred Jumanne Yamlinga

3rd Respondent

Burugu Jumanne Yamlinga

4th Respondent

Maria Jumanne Yamlinga

5th Respondent

Prisca Jumanne Yamlinga

6th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to apply for revision
  2. 2 Whether denial of right to be heard constitutes sufficient ground for extension of time
  3. 3 Whether alleged illegality in the impugned decision warrants extension of time

Ratio Decidendi

The applicant's delay was not inordinate and was due to reasons beyond his control; denial of the right to be heard constitutes good cause for extension of time; no prejudice to the respondent was shown; therefore, extension of time is granted.

Court Disposition

Application granted with costs

Orders

  • Extension of time to apply for revision is granted
  • Costs awarded to the applicant