MISC

MISC

The applicant was unaware of the proceedings affecting her proprietary rights and was not afforded the right to be heard. This constitutes sufficient cause for extension of time. Additionally, the presence of illegality in the impugned decision, specifically the failure to join necessary parties and denial of the right to be heard, justifies the grant of extension of time.

Citation
MISC
Parties
Applicant: Maryirene Lucas Singili; 1st Respondent: Jacob Gregory Mogendi; 2nd Respondent: City Plan Consultants (T) Ltd; 3rd Respondent: Mustapha Seif Ngane; 4th Respondent: Daudi Fufuji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Right to Be Heard, Joinder of Parties, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Revision Right to Be Heard Joinder of Parties Illegality as Ground for Extension

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Parties

Maryirene Lucas Singili

Applicant

Jacob Gregory Mogendi

1st Respondent

City Plan Consultants (T) Ltd

2nd Respondent

Mustapha Seif Ngane

3rd Respondent

Daudi Fufuji

4th Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has advanced sufficient cause for extension of time to apply for revision
  2. 2 Whether illegality in the impugned decision constitutes sufficient cause for extension of time

Ratio Decidendi

The applicant was unaware of the proceedings affecting her proprietary rights and was not afforded the right to be heard. This constitutes sufficient cause for extension of time. Additionally, the presence of illegality in the impugned decision, specifically the failure to join necessary parties and denial of the right to be heard, justifies the grant of extension of time.

Court Disposition

Application granted

Orders

  • Extension of time granted to the applicant to apply for revision of the decision of the District Land and Housing Tribunal for Kinondoni at Mwananyamala in Land Application No. 523 of 2020 delivered on 26th October 2022.
  • Application for revision to be lodged within fourteen (14) days from the date of this decision.