CIVIL APPLICATION NO 280 17 OF 2019 MARTHA JOHN NCHANGWA VS WILLYBROAD MWEYUNGE REVELIAN MUTOLE ANTOHER

CIVIL APPLICATION NO 280 17 OF 2019 MARTHA JOHN NCHANGWA VS WILLYBROAD MWEYUNGE REVELIAN MUTOLE ANTOHER

The applicant demonstrated illegality in the High Court proceedings and judgment, specifically that a deceased person was party to a consent judgment and the applicant, as a spouse with interest, was excluded. This constitutes good cause for extension of time.

Citation
CIVIL APPLICATION NO 280 17 OF 2019 MARTHA JOHN NCHANGWA VS WILLYBROAD MWEYUNGE REVELIAN MUTOLE ANTOHER
Parties
Applicant: Martha John Nchagwa; 1st Respondent: Willybroad Mweyunge Revelian @ Mutole; 2nd Respondent: Lipina Rebecca Makwinya (Legal Representative of Gervas Faustin Makwinya, Deceased)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality, Consent Judgment, Revision, Fraud, Matrimonial Property
Source Language
English
Civil Procedure Land Law Extension of Time Illegality Consent Judgment Revision Fraud Matrimonial Property

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Parties

Martha John Nchagwa

Applicant

Willybroad Mweyunge Revelian @ Mutole

1st Respondent

Lipina Rebecca Makwinya (Legal Representative of Gervas Faustin Makwinya, Deceased)

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file revision
  2. 2 Whether the High Court proceedings and judgment were tainted by illegality

Ratio Decidendi

The applicant demonstrated illegality in the High Court proceedings and judgment, specifically that a deceased person was party to a consent judgment and the applicant, as a spouse with interest, was excluded. This constitutes good cause for extension of time.

Court Disposition

Application granted

Orders

  • Applicant granted 30 days to file revision
  • Costs awarded to applicant, payable by first respondent