PETER AMOS EXTENSION OF TIME

PETER AMOS EXTENSION OF TIME

Non-joinder of the applicant as a party to the original and appellate proceedings, despite orders affecting his rights, constituted illegality and denial of the right to be heard. This illegality is sufficient cause to grant extension of time to file revision.

Citation
PETER AMOS EXTENSION OF TIME
Parties
Applicant: Peter Amos/Matiga; 1st Respondent: Kasarage Elias Nyana; 2nd Respondent: Masele Mayunga; 3rd Respondent: Geofrey Justus Rwenyagila; 4th Respondent: Elias Justus Rwenyagila; 5th Respondent: Paskal Elias; 6th Respondent: Friday Mjarifu Muuta
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 October 2022
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision
Outcome
Application granted
Legal Topics
Extension of Time, Right to Be Heard, Revision, Illegality as Ground for Extension
Source Language
English
Civil Procedure Land Law Extension of Time Right to Be Heard Revision Illegality as Ground for Extension

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Parties

Peter Amos/Matiga

Applicant

Kasarage Elias Nyana

1st Respondent

Masele Mayunga

2nd Respondent

Geofrey Justus Rwenyagila

3rd Respondent

Elias Justus Rwenyagila

4th Respondent

Paskal Elias

5th Respondent

Friday Mjarifu Muuta

6th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file revision
  2. 2 Whether non-joinder of the applicant as a party to the original and appellate proceedings constituted illegality

Ratio Decidendi

Non-joinder of the applicant as a party to the original and appellate proceedings, despite orders affecting his rights, constituted illegality and denial of the right to be heard. This illegality is sufficient cause to grant extension of time to file revision.

Court Disposition

Application granted

Orders

  • Applicant to file application for revision against the decision of the DLHT in Land Application No. 100 of 2008, delivered on 30th September, 2009, within 60 days from the date of this ruling.
  • No order as to costs.