CIV

CIV

The High Court failed to objectively assess the alleged illegality regarding the letters of administration and did not justify its refusal to extend time. Illegality is a sufficient ground for extension, and the applicant was entitled to have time extended to file revision.

Citation
CIV
Parties
Applicant: Nunuu Ally Lunga; 1st Respondent: Nusura Kafungo; 2nd Respondent: Shabani Ally Khatibu
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Civil Application for Revision / Ruling on Application for Extension of Time
Outcome
application allowed
Legal Topics
Extension of Time, Revision, Illegality as Ground for Extension, Letters of Administration, Locus Standi
Source Language
English
Civil Procedure Land Law Extension of Time Revision Illegality as Ground for Extension Letters of Administration Locus Standi

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Parties

Nunuu Ally Lunga

Applicant

Nusura Kafungo

1st Respondent

Shabani Ally Khatibu

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant established sufficient grounds for extension of time to file revision against the DLHT decision
  2. 2 Whether illegality alleged in the impugned decision constitutes sufficient reason for extension of time

Ratio Decidendi

The High Court failed to objectively assess the alleged illegality regarding the letters of administration and did not justify its refusal to extend time. Illegality is a sufficient ground for extension, and the applicant was entitled to have time extended to file revision.

Court Disposition

application allowed

Orders

  • Time extended for applicant to lodge application for revision in the High Court against DLHT decision in Land Appeal No. 24 of 2013 dated 30th April, 2014.
  • Intended application for revision to be filed within sixty (60) days from supply of copy of this ruling.