20160219 TZHC Dar es Salaam 1

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

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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

  1. 1 Whether sufficient cause exists for extension of time to apply for revision
  2. 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