paul justine ollomy vs sebastian antony ollomy others 2017 tzhc 2289 28 july 2017

paul justine ollomy vs sebastian antony ollomy others 2017 tzhc 2289 28 july 2017

The 21-day period for filing reference starts from the date the certified copy of the ruling is issued to the applicant; since the applicant received the copy on 26/01/2017 and filed the application on 08/02/2017, he was within time and did not require extension.

Citation
paul justine ollomy vs sebastian antony ollomy others 2017 tzhc 2289 28 july 2017
Parties
Applicant: Paul Justine Ollomy; 1st Respondent: Sebastian Antony Ollomy; 2nd Respondent: Said Chama; 3rd Respondent: Jackson Makundi; 4th Respondent: Joseph Magian
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2017
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
application allowed
Legal Topics
Extension of Time, Taxation of Costs, Reference Against Taxing Master
Source Language
English
Civil Procedure Land Law Extension of Time Taxation of Costs Reference Against Taxing Master

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Parties

Paul Justine Ollomy

Applicant

Sebastian Antony Ollomy

1st Respondent

Said Chama

2nd Respondent

Jackson Makundi

3rd Respondent

Joseph Magian

4th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 whether the applicant has sufficient grounds for extension of time to file reference against the taxing master's ruling

Ratio Decidendi

The 21-day period for filing reference starts from the date the certified copy of the ruling is issued to the applicant; since the applicant received the copy on 26/01/2017 and filed the application on 08/02/2017, he was within time and did not require extension.

Court Disposition

application allowed

Orders

  • Applicant granted 21 days from date of ruling to file reference against the decision of the Taxing Master.
  • Costs shall follow the cause in the Reference.