20160219 TZHC Dar es Salaam 1
Applicant established reasonable cause for delay as he was unaware of the impugned orders until immediately before filing application No. 32/2009. Serious allegations regarding setting aside of ex-parte judgment and execution of deed of settlement constitute an arguable case meritorious in law. Interest of justice dictates extension of time.
- Citation
- 20160219 TZHC Dar es Salaam 1
- Parties
- Applicant: Nurdin Salum Chuma; 1st Respondent: Hamisi Nuru Simba; 2nd Respondent: Hussein Abdallah Hassan
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2016
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Revision, Limitation of Actions
- Source Language
- English
Case Brief
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Parties
Nurdin Salum Chuma
Applicant
Hamisi Nuru Simba
1st Respondent
Hussein Abdallah Hassan
2nd Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists for extension of time to apply for revision
- 2 Whether applicant was aware of the orders setting aside ex-parte judgment and deed of settlement
Ratio Decidendi
Applicant established reasonable cause for delay as he was unaware of the impugned orders until immediately before filing application No. 32/2009. Serious allegations regarding setting aside of ex-parte judgment and execution of deed of settlement constitute an arguable case meritorious in law. Interest of justice dictates extension of time.
Court Disposition
Application granted
Orders
- Leave granted to applicant to lodge application for revision within thirty (30) days from date of order
- No order as to costs
Full Case Text
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