20081219 TZCA Dar es Salaam

The applicant, not being a party to the original suit but having a proprietary interest and no right of appeal, has justifiable cause for extension of time to apply for revision.

Citation: 20081219 TZCA Dar es Salaam
Parties: Applicant: Mgeni Seif; Respondent: Mohamed Yahaya Khalfani
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 December 2008
Procedural Posture: Civil Application / Application for Extension of Time to File Revision Out of Time
Outcome: Application granted
Legal Topics: Extension of Time, Revision, Right to Be Heard, Proprietary Interest, Stay of Execution
Source Language: English

Civil Procedure Extension of Time Revision Right to Be Heard Proprietary Interest Stay of Execution

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Parties

Mgeni Seif

Applicant

Mohamed Yahaya Khalfani

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Revision Out of Time

Legal Issues

1 Whether sufficient grounds exist to extend time for filing revision against the decision in Civil Case No. 175 of 2001
2 Whether the applicant, not being a party to the original suit but having a proprietary interest, is entitled to seek revision

Ratio Decidendi

The applicant, not being a party to the original suit but having a proprietary interest and no right of appeal, has justifiable cause for extension of time to apply for revision.

Court Disposition

Application granted

Orders

Leave and extension of time to institute revision proceedings out of time granted
Intended revision to be instituted by 31st January, 2009