20170606 TZCA Dar es Salaam

20170606 TZCA Dar es Salaam

The applicant was not a party to the High Court proceedings and was not notified of the decision; upon learning of the decision, the applicant acted promptly to seek extension of time. The lack of knowledge was not due to negligence, and the applicant's rights are directly affected by the decision. Good cause for extension of time is established.

Citation
20170606 TZCA Dar es Salaam
Parties
Applicant: National Housing Corporation; First Respondent: Peter Kassidi; Second Respondent: Hamisi Luswaga; Third Respondent: Christopher Seme; Fourth Respondent: Msolopa Investment Co. Limited; Fifth Respondent: Esther Bernard Komba
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 June 2017
Procedural Posture
Civil Application for Extension of Time / Ruling on Application for Extension of Time to Apply for Revision
Outcome
Application granted
Legal Topics
Extension of Time, Revision, Right to Be Heard, Necessary Parties, Land Disputes
Source Language
English
Civil Procedure Land Law Extension of Time Revision Right to Be Heard Necessary Parties Land Disputes

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Parties

National Housing Corporation

Applicant

Peter Kassidi

First Respondent

Hamisi Luswaga

Second Respondent

Christopher Seme

Third Respondent

Msolopa Investment Co. Limited

Fourth Respondent

Esther Bernard Komba

Fifth Respondent

Procedural Posture

Civil Application for Extension of Time / 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 of the High Court decision
  2. 2 Whether the applicant was denied the right to be heard as a necessary party
  3. 3 Whether the High Court decision was irregular or illegal

Ratio Decidendi

The applicant was not a party to the High Court proceedings and was not notified of the decision; upon learning of the decision, the applicant acted promptly to seek extension of time. The lack of knowledge was not due to negligence, and the applicant's rights are directly affected by the decision. Good cause for extension of time is established.

Court Disposition

Application granted

Orders

  • Extension of time to apply for revision is granted
  • The application for revision must be filed within thirty days from the date of this ruling